Q: I had a case on December 12, 2014 and they've had three continuances my next case is July 29 is it failure to prosecute?
This was a felony embezzlement over 100 which I haven't spoken to anybody yet about but there's been three continuances February 16 May 7 and now July 29 I'm wondering if this is failure to prosecute if I could get the charge drop
A: You can absolutely file a Motion to Dismiss for failure to prosecute. However, it's ultimately up to the Judge hearing the motion as to whether or not to grant or deny your motion. Depending upon why your case is being continued will ultimately be the deciding factor. If the State is merely waiting for information that is beyond their control, your motion would probably be denied. If the State has done absolutely nothing on the case by way of offering evidence etc., then your chances of persuading the Judge are much better.
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