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In another article we talk about grounds for continuance here are a few more that we didn’t talk about. The court may grant a continuance in contemplation of dismissal. However, this is conditioned on the defendant in the prosecution participating in mediation. The court also can continue matters for scheduling conflicts. Lawyer may seek a continuance of the trial because it conflicts with another scheduled court appearance to which he or she is also committed.
Both the Oklahoma Supreme Court and the Oklahoma Court of Criminal Appeals have adopted guidelines for resolving scheduling conflicts. The guidelines to find a scheduling conflict, require the attorney to give prompt written notice of the conflict, and provide presumptive rules a priority to result conflict. The courts not necessarily required to continue the matter to which guidelines to not give priority.
But, if you’re looking for a Tulsa criminal attorney who will try to get your case done as fast as possible, then call the Cale Law Office at 918-277-4800. Attorney Stephen Cale realizes that this is a difficult time in your life. He will work hard to get you the results that you want. Now, let’s take a look at grounds for continuance that apply only in criminal cases.
Certain rules concerning continuances apply going to criminal matters. Here are some examples.
Surprise Witness
An accused is entitled to continuance when the trial judge permits the name of a witness to be endorsed on the charge after the trials began. Defense counsel must be surprised at this addition. Further, endorser requires additional testimony from the defense and the queue submits a proper and timely motion for the continuance. Its use waives any error when he or she fails to as for continuance. Additionally, there is no prejudice to the accused at the newly indoors when this is merely you want tough of other witnesses’ testimony.
Moreover, an accused is not entitled to continuance to prepare for the testimony of the Cove defendant was pled guilty during the course of the trial. But the exception is this only if the accused had knowledge, before trial, the codefendants intentions. The Jews makes no showing that his position a trial be changed by the codefendants action.
Other Surprise Evidence
The accused is entitled to continuance to allow his expert to examine crucial prosecution evidence delivered to the defense in an untimely manner. Also, if the defense offers testimony to establish an alibi but to not serve this on the District Attorney lease five days before trial, the court may grant a continuance. There has to be a specific and detailed notice of the accused attended to raise such a defense. The court may grant a continuance as it seems necessary to allow the prosecution to make investigation of the facts relating to the alibi evidence.
Prosecution may obtain a continuance when the accused is a prosecutor tried at the next term of court. If the prosecution shows good cause and sufficient reason for such a failure, the court could grant continuance. The defendant may get a continuance at trial have facts constituting the fence the higher nature then charged in the indictment.
The court also place conditions on the continuance. For example, trial court may condition the granting of the continuance of the trial if the defendant stipulates to expected testimony of the prosecution witness was unavailable except on the date of the scheduled trial. If the motion for continuance is granted on account of absence of evidence, including a witness, the court may tax the cost of the continuance against the moving party. So, find the best Tulsa criminal attorney who is right for you.
One of the things he can do when looking for the best Tulsa criminal attorney who is right for you is to look at Google reviews. You’ll see a large number of Google reviews for the Cale Law Office. The Cale Law Office does not by Google reviews. These are all reviews from people who have utilize the Cale Law Office in some degree. They also know attorney Stephen Cale.
Now let’s take a look at the issue of contempt of court. Trial judges must have the ability to maintain proper decorum within their courtrooms. So, the Oklahoma legislature has empowered a judge to punish for however, the conduct working sanctioned this be preceded by a clear warning this includes those persons who willfully disobeyed the court’s orders. It also includes people whose conduct tends to bring the courts authority into disrepute or to impede the due administration of justice.
Criminal contempt can also be those that are calculated to bring the core into disrepute. In criminal contempt, the primary purpose of punishing the axis to vindicate the courts honor and dignity. It is also to compel respect towards authority. Criminal have their own class. Are prosecuted in the name of state.
Oklahoma statutes classify contempt of court is either direct or indirect. Disorderly or insulin behaviors been defined as contact that is unruly, insulting or disrespectful. Therefore, direct content can only be found as a result conduct in the presence of, or near, the court. A person who is disruptive may be cited with contempt. However, before the court can cite for contempt, it must give a warning before hand.
If a prior warning did not occur, punishment for direct contempt is not proper. All persons who appear in about the courtroom during a trial her subject to the power of the court to punish for contempt. This includes attorneys. If you’re looking for a Tulsa criminal attorney with a high degree of professionalism, call the Cale Law Office at 918-277-4800.
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. If you or someone you know has been charged with a crime or is looking for an attorney for an appeal, call the Cale Law Office at 918-277-4800. Your initial consultation is free.
Serving clients throughout Oklahoma and Northeastern Oklahoma, including Tulsa County, Jenks, Glenpool, Bixby, Collinsville, Owasso, Sand Springs, Sapulpa, Skiatook, Rogers County, Catoosa, Claremore, Mayes County, Adair, Chouteau, Disney, Grand Lake, Langley, Locust Grove, Pensacola, Salina, Spavinaw, Wagoner County, Coweta, Muskogee County, Webbers Falls, Okmulgee County, Pawnee County, Keystone Lake, Osage County, Pawhuska, Hominy, Nowata County, Coffeyville, Craig County, Vinita, Big Cabin, Washington County, Bartlesville, Copan, and Dewey.