Under the Sixth Amendment, all criminal defendants have the right to a speedy trial, but many defendants nonetheless seek to postpone their day of reckoning. The judge expected to preside over Trump’s case, Juan Merchan, will no doubt be on the lookout for frivolous efforts to prolong the case, she added. Trump’s attorneys are sure to use each of those inflection points to file a new series of motions, Christian said. One of those deadlines arrives in early May: a 35-day post-arraignment deadline for District Attorney Alvin Bragg’s office to provide all relevant documents and evidence to Trump’s defense team. That will be followed by a relatively strict series of “adjournment dates” for other phases of the case. The first indication of Trump’s posture will likely come Tuesday at his arraignment, when a deadline will be set for various motions in the case. He can argue that the delay in filing charges over events that occurred about six years ago violates his due process rights under the New York constitution, Scotto added. Ironically, Trump could also cause delay by complaining about the prosecution’s own foot-dragging. “It’s not the lockbox it is in the federal system.” presented legally sufficient evidence,” said Michael Scotto, a former chief of the Rackets Bureau in the same Manhattan D.A.’s office prosecuting Trump. “You’d … make a motion to ask for the court to review the grand jury minutes and determine whether or not the D.A.
Such efforts are almost impossible in federal courts, but allowed in New York. Trump’s lawyers have also signaled they are likely to try to get the judge to pry into the grand jury proceedings, looking to show that the charges lack probable cause or that there was some impropriety in instructing the grand jurors. Among the moves that could chew up time: an attempt to dismiss the entire case, a bid to relocate his trial outside of New York City, an effort to disqualify the prosecutor or judge in his case, a bid to move the case from state to federal court, extensive negotiations over security protocols for his appearances in court and a motion to reduce his charges from felonies to misdemeanors.
0 kommentar(er)
