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I have had a court case going on for over a year because the state keeps continuing it?

they need to find the person who drew my blood in the hospital and subpeona them to testify and havent been able to. My lawyer doesnt do anything and Im not sure of the law. At what point can I demand trial so they have to continue without the evidence? They have set trial twice and have continued it both times because the state couldnt find the evidence they needed. It seems to me like my rights are being violated.

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  • 2 decades ago
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    I assume this is a criminal case.

    If you are the victim, you have no rights. The state will or will not prosecute the crime when they want, when they get the evidence they need. You can't do anything, and neither can your attorney.

    If you are the defendant, you can't demand a trial, but you can ask your lawyer if they are violating your Constitutional right to a speedy trial. If you aren't in jail, then your rights probably aren't being violated, and there's nothing you can do. If you really want the matter to end, ask your lawyer if a plea deal with the prosecution is possible.

  • 2 decades ago

    Are you the defendant or the plaintiff? If you are the defendant, be happy about the delays. Whenever it gets into court, the judge will probably dismiss it because it has taken too long.

    If you are the plaintiff, seek better representation. Obviously the lawyer you have right now does not have your best interest in mind. You also don't have to pay them since they wasted your time.

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