Motion to change court date from prosecutor

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Joined: Thu May 02, 2013 3:56 pm

Motion to change court date from prosecutor

by: mikeneko on
Thu May 02, 2013 4:10 pm

I just received a notice of motion to change a trial date because "the officer in charge will be on a pre-approved scheduled leave ". Is there any advantage for me to go or not to go to the motion?

My thought is if I go for the motion, would it be my responsibility to ask for a date within 10 monthes of the offense date at the motion? if the agreed trial date is 10 monthes after the offense date when I present, would I lose my chance of 11b because I didn't mention it during the motion?

If I didn't go for the motion, and the court rescheduled the trial date to be after 10 monthes of the offense, will that means I could attempt for 11b? or it will be harder because I didn't show up for the motion?

Thank you for your attention and advice.
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Simon Borys
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Joined: Fri Apr 30, 2010 10:20 am

by: Simon Borys on
Fri May 03, 2013 7:49 pm

Prejudice is an important part of an 11(b) motion. Prejudice can be inferred from the mere passage of time, but if you don't make your desire for the earliest possible trial date known, then it can be harder to establish prejudice. In a situation like this, you could make your desire for an earlier trial date known by attending and opposing the motion - if that works with your overall defence strategy. Also, in the calculation of who is responsible for which periods of time in the 11(b) calculation, any periods the defence has waived is relevant (because they don't count). If you fail to oppose a motion to adjourn, that could (but not necessarily would) be viewed as waiver.
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