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Question: My husband has been incarcerated for over five years without having his case go to trial. The prosecutors keep postponing it. His trial date was set to start yesterday, but once again it has been postponed to some time in November. My husband’s lawyer tells us that if the trial doesn’t start in November then he will put in for a dismissal. What, if anything can we do to help move this along? What should be our next steps?
Answer:
It sounds as if your husband’s attorney is on top of things, so your next steps should be to consult with the attorney who is most familiar with your husband’s case, and ask him what you can do to help move things along. In addition, you may want to consider reaching out now to various post-release agencies who can help your husband with his re-entry into society in terms of jobs, his public reputation, etc.. Finally, speak with your husband’s attorney about having your husband’s record expunged, or at least sealed, if there has been no finding of guilt, and if he was charged with a felony, making sure that if the case is dismissed it is made clear in the record that he does not have to disclose the charge, as there was no determination of guilt. Good luck!
