It is not always the case that the passage of time helps your defense, particularly if a Atlanta defense lawyer is continually asking for continuances. Many criminal defense lawyers in Georgia mistakenly tell people that the passage of time always helps the defense. This is dangerous advice, and the advice is even more dangerous if a defense lawyer is seeking a continuance from the court to put age on the case. Not every defense gets better with age, and asking for a continuance can actually hurt viable defenses to the charge.
Every criminal defendant in Georgia (and the United States) has a constitutional right to a speedy trial. However, in determining whether the right to a speedy trial has been violated, one of the considerations that the trial court will have is whether the defendant (and his attorney) have contributed to or caused the delay.
SPEEDY TRIAL ATTORNEY THAT KNOWS HOW TO PROTECT YOUR RIGHTS
In addition to the constitutional right to a speedy trial, in Georgia, criminal defendants have the right to demand a speedy trial pursuant to statute. This is an important right and, in some cases, it may be the only viable opportunity to win the case. If the State fails to bring your case to trial within the designated period of time and you have requested a statutory speedy trial, your case will be dismissed. So, before you follow advice that an older case will always be better for you, recognize that delaying the case may forfeit some of your best possible defenses.
Contact an attorney at Sessions Law Firm by calling (470) 225-7710. We can determine the best way for you to proceed with our free consultation.