Waivng Time

Waiving the time within which the people must begin a trial is a more important decision than most people think. In the simpler case an attorney should  read the police report before deciding to waive time or not. If the case is one which is weak in terms of evidence against the accused serious consideration should be given to pushing forward with trial before the people are able secure  evidence that will support a case that should never have been brought  to testify as to facts that are questionable at best becasue they are thinking they are doing the right thing.   I have found many times  there is pressure exerted on a witness by an employer or by a friend to testify as to things that might have looked bad to the client to save a job or help a friend. On the other hand if you have a case which depends more upon the value or worth of the accused and why he or she should be given a chance to prove they can become a worthwhile citizen, then you may well want to waive time and gather as much helpful information about the accused as you can to present to the prosecutor. If you sit in a courtroom you will see, at the arraignment stage, 19 out of every 20 attorneys appearing on a case waiving time. This office does not feel that is  in many cases the appropriate decision to make. Each case is decided on its own facts.


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