Legal Question in Criminal Law in California

can the district attorney without informing me or my public defender file a motion with the court to postpone the preliminary hearing. After postponing it 6 times prior to that. My public defender wrote me a letter informing me that this took place without input from him and was out of his hands.the motion was granted by the court. Hows is this possible? THANK YOU

Asked on 6/07/13, 11:26 am

2 Answers from Attorneys

John Laurie Gertz and Laurie

One party does not need the others permission to file a motion to continue. However you have a right to have your matter heard within certain parameters unless you do what is known as waiving time. If you do not waive time than there is a limit as to how long a continuance one can get. Would need more information to give you a better answer.

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Answered on 6/07/13, 11:30 am

Anthony Roach Law Office of Anthony A. Roach

The court may have continued the preliminary hearing, but without input from you and your attorney, I doubt that you waived time or any speedy trial rights.

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Answered on 6/13/13, 10:01 pm

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