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  1. #1
    Join Date
    Oct 2011
    Posts
    14

    Default Why is the Court Granting Continuances to the Defense

    My question involves criminal law for the state of: California

    I've endured years of verbal domestic abuse, escalating to assaults & lastly physical battery causing serious injuries. Never called police on prior incidences. Major physical & verbal abuse/attack recently resuting in an arrest for battery on spouse. Police took pictures. He served 5 days in jail, released as first time offense, no bail. Judge issued 3yr CPO & hearing to follow. He has received "many" continuances since the incident. Continues to claim his innocence; prime example of his arrogance & abuse. Never once have I verbally abused or physically struck my husband. Medical & Drs rpts/tests/Acute PTSD diagnosis/historical incidences for previous assaults/pictures of contusions/phys therapy rpts - all submitted to his case file.

    Why so many continuances requested by defense? He hasn't provided a guilty plea as of yet. There is "no excuse for abuse". What ANGLE could the defense atty possibly go for? I'm a clean slate, plus I have witness' (not present at incident) after the incident and friends witnessing his previous verbal abuse & anger episodes which I journaled, documented & made aware to specific individuals.

    If he pleads (& rightfully should) guilty, aren't first time offenders (finally caught & brought to justice) usually given a fine, community service, 52wk battery program, spousal support & a continued CPO? Under Marsy's law; doesn't victims have the right to question so many continuances?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Why is the Court Granting Continuances to the Defense

    There are many reasons for the granting of a continuance. You don't have any recourse but to let the wheels turn .. it does not change any facts of the case.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Why is the Court Granting Continuances to the Defense

    Contact the prosecutor involved in the case and ask him or her why there are so many continuances.

  4. #4
    Join Date
    Jan 2011
    Location
    Indianapolis, Indiana
    Posts
    346

    Default Re: Why is the Court Granting Continuances to the Defense

    The court can consider a wide variety of reasons for granting continuances. By not granting some continuances a guilty verdict could be overturned on appeal. A question for you. Is the prosecutor objecting to these continuances or or not when the defense requests them?

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