Q: What does it mean when the da decides to pass without date
A: You should hire a criminal attorney to fe a Speedy Trial Motion b/c it sounds like the DA does not have it's case together so your attorney should hold their feet to the fire.
A: I am not sure if in this instance I agree with attorney Badeaux, however, more information is needed to properly answer this question. Most importantly, if you have an attorney representing you, then you need to contact that attorney and ask this question to him. If not, then you might want to contact an attorney who practices criminal law in the parish this prosecution is pending----I say that because in some jurisdictions, the prosecution does not formally dismiss a case but instead passes it without date and the defense attorneys know and agree that this is essentially a dismissal because the prosecution will not bring it back. This may or may not be your situation---I do not know as I do know which parish this is pending. Good luck.
I agree with both of my colleagues. I add that it likely means that a matter was set by a Court for trial on a certain date. On that date, one or both of the parties requested the Court to "pass" or not deal with that matter on that set day. If agreeable to the request, the Court can either set a new date in open court or the matter can instead be set for a future date by written motion of the DA. So, no particular date is set for a future court date. If the DA wants the matter back on the Court's docket, the DA will file a written motion asking the Court to re-set a date. If/when a new date is set, the defendant will receive written notification of this new date at the address on file with the arresting agency / bonding company / clerk of court's office. If there is an attorney of record representing the defendant, that attorney will also receive written notification of the new date, once set.
This may occur for many reasons.
Recommend consultation with a criminal defense attorney in the jurisdiction in which the matter is pending for further discussion of circumstances. Good luck.
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