Q: If the deadline passed twice are they supposed to drop charges?

A: I'm sorry to hear about your uncle's situation. Criminal cases can be very complex, especially when serious charges like attempted murder are involved. To address your specific questions:

1. Deadlines and dropping charges: In California, there are time limits (deadlines) for bringing a defendant to trial, known as the "speedy trial" right. If these deadlines are not met, the defense can file a motion to dismiss the charges. However, there are many factors that can extend or waive these deadlines, such as the defendant agreeing to delays, the unavailability of witnesses, or other legal issues. Just because a deadline has passed does not automatically mean the charges will be dropped.

2. Evidence and testimony: Even if the alleged victim and other witnesses cannot be found to testify, the prosecution may still have a case based on other evidence, such as the bullets allegedly found, any statements made by your uncle or the niece, or other circumstantial evidence. The lack of a gun does not necessarily mean there is no case, as the prosecution may argue that the gun was disposed of after the crime.

3. Speedy trial: If your uncle has invoked his right to a speedy trial, the court must set a trial date within a certain time frame (usually 60 days in California). However, this right can be waived by the defendant, and there are certain exceptions that can extend the time limit.

It's important to remember that the public defender is there to represent your uncle's best interests. If your uncle believes that his lawyer is not providing effective assistance, he can raise this issue with the court and request a new attorney.

Given the seriousness of the charges and the complexity of the legal issues involved, it is crucial that your uncle has effective legal representation. If you have concerns about his case, you should raise them with his attorney or consider consulting with another criminal defense lawyer for a second opinion.