Families of Prisoners Support Group
This community is dedicated to families that have been disrupted by prison. Having a loved one incarcerated or having been incarcerated comes with its own unique challenges that require support and understanding. Join the group to find others who know what you're going through, and to seek advice or share your experience.
My boyfriend was suppose to have his pilminary hearing today but it got moved all the way until febuary 23rd.... i guess all the attys had trails the next few weeks, followed by the judge being on vaction. we have to wait 49 days until there is even a pilminary hearing which is ridiculus... i was hoping we would get answers soon but i have no idea anymore. so now he is going to be stuck in jail for who knows how long just waiting. We get no answers, we get nothing at all. On top of that even after this ridiculus long wait for a piminary hearing who knows how long it will take to either get a plea deal or go to trail. im feeling so hopless now, not even being able to get any sort of answers. i hate this.
Delaying and stalling almost always helps the defendant. Witnesses’ memories fade with time, a witness or the victim has time to think about the process and sometimes they get cold feet as the case drags on and want to withdraw from the case, and I have even seen DAs affected by delays. DAs will sometimes get so fed up with the case and offer a sweetheart of a deal in the form of a plea bargain since they have other cases they need to concentrate on.
Sometimes with stalling and delays, the state’s case just falls apart.
I know one defendant whose attorney kept stalling and asking for continuances over a year and a half period. The victim decided it was just not worth it and refused to testify. In another case of delay, the DA just threw his hands up in exasperation because of the delays. He said, “This case is just a headache and I just want to get it out of the way.” To get rid of the case, he offered a plea with no prison time and only one year’s probation.
Delays almost always help the defendant.
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The state will always call the complaining witness in a preliminary witness. If the witness does not do well or waffles with his or her testimony, then a good strategy is to stall and stall some more. If the witness is not sure of the testimony, stalling and keeping him or her on the hot seat or creating a situation where their memory begins to fade and allows them to “forget” more facts about the case is a good strategy.
If the complaining witness has a good story or the evidence against the defendant is strong, then the defendant might be better served to plea at this point rather than go to trial. A plea bargain sentence is almost always lighter than a jury verdict if found guilty.
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