Myrtle Beach, SC asked in Criminal Law and Federal Crimes for South Carolina

Q: motion to continue arraignment & trial granted w/out opposition- does that mean case is going to trial w no plea deal?

Federal case. Read this info on the docket. It’s a motion to extend time to file Pre-trial motions.

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Meg Strickler
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  • Criminal Law Lawyer
  • Atlanta, GA

A: There are a lot of reasons why this could occur, but, no it definitely does not mean a case is going to trial with no plea deal. One reason a motion to continue is filed could be that the AUSA is about to reindict with a superseding indictment and doesn't want to arraign defendant twice and waste court resources. Another reason is that there could be a plea deal in the works and one or both sides don't want any speedy trial time to accrue. Or, it could be a simple as someone is going out of town/doing a different trial and not ready to proceed at all at this time. The only way you can really tell on the pacer docket that a case is going to trial is if you see the R and R, and case is certified and ready for trial. And in reality, after a bunch more time as passed, you see a flurry of activity of filing voir dire, specially setting trial date etc.

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