When you're accused of Criminal Sexual Conduct, you naturally want to bring this challenging chapter of your life to a close as soon as possible and put the experience behind you. You want your day in Court. That's why one of the most frustrating things is when it seems like your case keeps getting delayed time after time, and you start to feel like there's no light to be seen at the end of the tunnel. So you ask "What can I do if my Criminal Sexual Conduct case keeps getting delayed?"
Before going further, you should know that Prain Law, PLLC specifically concentrates on defending those facing Michigan Criminal Sexual Conduct charges (CSC). Michigan CSC defense attorney Brian J. Prain has won countless jury verdicts of NOT GUILTY of Criminal Sexual Conduct in trials all across the State of Michigan. So if you are charged with CSC and are searching for the right lawyer to fight for you, we encourage you to contact Prain Law because there are a lot of law firms who do a great job at getting their name at the top of your Google search results, but whether or not they really pack the goods to stand and deliver in Court when your life and future are on the line is a whole different skill. You can contact us at (248) 731-4543 or online using our website contact form.
A good number of the cases we handle are cases that we take over where the Defendant's current attorney seems to be failing in their eyes. We often hear about how they spent big bucks thinking they were hiring the best of law firms only fo find out they simply don't know what they're doing in CSC cases, a very unique case type. One way this seems to manifest is constant delays in the case without good explanations that the client can understand.
While it's true that the "wheels of justice" do often turn quite slowly just due to the nature of the system and it's sheer volume of cases, it's also true that a lawyer can contribute to that snail's pace by not actively pursuing justice for their clients with deliberate efficiency. The question of whether or not a delay is acceptable comes down to what the reason is, whether there is an alternative or not, and whether the alternative is the best thing for you and your case considering all of the facts and circumstances.
Some delays are attributable directly to the operation of the Court system based on the amount of cases on their Docket and an endless number of other reasons. Some Courts push cases through blisteringly fast, while other Courts are very relaxed in their timing and seem to have no sense of urgency whatsoever. Either one could be good or bad depending on the needs of your case. There are certain laws and Court Rules which require hearings of certain types to occur within a certain timeframe unless the Defendant waives those timelines and the Court agrees. Some Courts adhere to those timelines strictly, while others are more liberal with waiving them. All Courts are busy to a greater or lesser extent, and how busy they are at any particular time may fluctuate. Courts on their own may need to move a hearing in your case all on their own. Perhaps another case wasn't expected to go to trial yet it did, or a trial they expected to last 3 days has gone on for over a week and they need to extend out or "adjourn" Court dates in other cases like yours. Like any other person, the Judge could have a medical or family emergency, or there may be a problem with the building, or a health crisis like COVID. The possibilities are endless.
It is true that you have a Constitutional right to a "Speedy Trial," but that is far less likely to be an issue if you are out on Bond pending trial versus waiting in Jail (for example, it is possible that a person charged with Criminal Sexual Conduct 1st Degree in Michigan may be denied bail and held in custody pending trial). The Speedy Trial right does apply to those out on Bond, but it is much harder to raise issues based on it because the standards are less rigid.
Sometimes, a delay may be attributable to the Prosecution. Perhaps they're having difficulty getting an Officer or another witness to a trial or hearing where testimony will be taken due to Officer training, for example, and they ask for an adjournment. Perhaps they bring a motion to adjourn a hearing in your case because they need time to work something out on their end. It also could be that the specific Assistant Prosecuting Attorney (or APA) handling your case has a time conflict with another case, such as being stuck in an ongoing trial. Or, maybe they bring a series of pretrial motions, motions in limine, or file notices of intent to admit other alleged acts of Sexual Assault at your trial, all of which require additional hearings to be set and thus may slow down the overall pace of your case.
You might think "Can't my lawyer object to these things and fight against the extension of my overall case timeline when these things are only at the Prosecution's insistence and not for my benefit as the Defendant?" The answer is that sometimes that can be done, and other times it cannot. Of course, no Judge is going to outright deny the Prosecution the ability to file motions and ask for hearings just like the Defense, so you and your lawyer are never going to have assurance that you'll have a say when these delays occur which are attributable to the Prosecution.
Even during times when the Defense could object to an extension of time because of something the Prosecution is doing, the Defense has to be aware that despite your desire for this chapter of life to end as quickly and painlessly as possible, there will likely be times in your case when your lawyer needs more time to file motions, prepare for a hearing or trial, conduct investigation, and many other things. Sometimes, it is beneficial to agree or remain neutral when the Prosecution requests more time due to the understanding that the tables may turn, and you and your lawyer don't want undue opposition from the Prosecution when and if that time comes, especially if the Court is likely to agree with the Prosecution anyway. This is where a lawyer's experience in handling Criminal Sexual Conduct cases comes into play.
Finally, as we alluded to above, some delays in a CSC case may be attributable to the Defense - it takes sufficient time for your lawyer to prepare to properly defend you, and frankly, the rate at which some Courts expect a case to move forward is simply unrealistic when applied to some cases, depending on what they involve. Not every case is the same, and your lawyer may have legitimate reasons, grounded in your best interest, for asking the Court for delays or taking other actions that naturally cause a delay. Some reasons why your defense attorney might ask for or otherwise cause a delay in your Criminal Sexual Conduct case could include (but are not limited to):
- Your CSC defense attorney needs additional time before the next hearing to conduct investigation, speak to potential witnesses, obtain documents or other evidence, or properly prepare by reviewing and thoroughly understanding large amounts of information (medical documentation, expert reports, DNA evidence, text messages or other electronic communications, previous police reports, or other discovery).
- Your CSC defense attorney has advised you and you've decided to hold the Preliminary Exam (as opposed to waiving it), but discovery from the Prosecution is coming in slowly, and it is unrealistic to expect a proper defense at the Preliminary Exam within only 21 days of Arraignment.
- Your trial, Preliminary Exam, or other hearing involving witness testimony is upcoming, but an essential witness will be unavailable on that date.
- An important decision such as whether to go to trial (versus take a plea offer that might be presented to you) or whether to hold or waive the Preliminary Exam must be made, but additional information is needed for your CSC defense attorney to help you make the best, most informed decision.
- Your CSC defense attorney intends to file motions because doing so is the diligent, competent thing to do, and they genuinely want the vest possible outcome for you, but these will require hearings and may naturally slow down the progression of the case.
- Your CSC defense attorney filed motions that will affect what evidence will be allowed at trial, and despite their best efforts, the Judge ruled against you. Now, your attorney wants to bring an appeal to the Court of Appeals while the case is still pending, known as an "interlocutory appeal." This will cause delay, but it is likely better than being wrongly convicted of Criminal Sexual Conduct and trying to appeal from behind bars.
Although probably less consoling to you if you are reading this, it is also worth mentioning that sometimes, lawyers do have their own issues with a hearing date set in your case, such as a personal emergency or commitment, or a hearing or trial in another case occurring on the same date and time that they absolutely cannot get out of (sometimes, even if your lawyer would prefer to move the other case instead, it's not an option they're given by the Judge due to the case and nature of the hearing). Lawyers are often at the mercy of other players in the game, but if your gut tells you that it is becoming an issue or that you are constantly being put on the back-burner, you may need to address it with them.
Ultimately, Michigan Criminal Sexual Conduct cases are complex and serious cases in a system that already moves slow to begin with. While some delays are acceptable and will benefit you in the long run, other delays might be attributable to laziness or improper reasons. Every lawyer owes their client an ethical duty of diligence and competence in their representation. Every lawyer has an ethical duty to keep their client reasonably informed of the status of their case, and to give the client sound facts and advice to properly allow them to make effective and well-informed decisions.
If you are upset about a delay in your CSC case, you may want to listen closely to the reasons for the delay to ask:
1) Is it outside the control of you and your lawyer?; and
2) (Even if it isn't), is there a good explanation for how the delay may benefit you in the long run?
If the answer to at least one of those questions is "yes," then it may be a justifiable delay, and assuming you've built a good trust relationship with your attorney, then hopefully the answers to these two questions will help you find peace in the knowledge that whether this is a longer chapter or a shorter chapter of life, it will eventually come to an end in due time and life will move-on.