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Katya?
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<blockquote data-quote="katya02" data-source="post: 204987" data-attributes="member: 2884"><p>difficult child wants to know if the charges can be thrown out because they let it go past six months (technically the six months are up Nov. 5 so they could still conceivably hold it before then ... but assuming they don't ... ) and he didn't sign away his right to a speedy trial. On the form it says they 'tried' to contact difficult child's attorney and at the time of filing the attorney hadn't gotten back to them. I suppose their defence would be that they tried to contact difficult child's counsel. But there's nothing to show how long they waited, or if they tried more than once ... if they gave the attorney two hours to call back that's not ok. If they gave him two weeks and he didn't get back to them, then he's the problem. I don't know yet what the story is; waiting for a phone conference tomorrow. But I would think the bottom line would be that difficult child MUST sign away his right for it to be waived, don't you think? Just not getting a return phone call sounds like way too flimsy a reason to waive someone's rights.</p></blockquote><p></p>
[QUOTE="katya02, post: 204987, member: 2884"] difficult child wants to know if the charges can be thrown out because they let it go past six months (technically the six months are up Nov. 5 so they could still conceivably hold it before then ... but assuming they don't ... ) and he didn't sign away his right to a speedy trial. On the form it says they 'tried' to contact difficult child's attorney and at the time of filing the attorney hadn't gotten back to them. I suppose their defence would be that they tried to contact difficult child's counsel. But there's nothing to show how long they waited, or if they tried more than once ... if they gave the attorney two hours to call back that's not ok. If they gave him two weeks and he didn't get back to them, then he's the problem. I don't know yet what the story is; waiting for a phone conference tomorrow. But I would think the bottom line would be that difficult child MUST sign away his right for it to be waived, don't you think? Just not getting a return phone call sounds like way too flimsy a reason to waive someone's rights. [/QUOTE]
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