Preliminary Hearing Timing Guidelines

Summary

In Kansas, a preliminary hearing is typically held within 14 days if the defendant is in custody and within 21 days if out on bail, unless waived or continued for good cause. If a hearing hasnt occurred for over a year, it may violate speedy trial rights. Continuances can be granted for good cause without a statutory limit. Claiming colorable innocence is complex and usually pertains to post-conviction relief. For specific legal concerns, consulting a local attorney is advisable.

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what is i didnt have one for a year?
If you haven't had a preliminary hearing for over a year, this could be a significant issue. Kansas law requires a preliminary hearing within * to 21 days unless there is good cause for delay. This could potentially violate your right to a speedy trial.
Do you know if any continuances or waivers were filed in your case?
how many times are they allowed to reschedule the prelim
The number of times a preliminary hearing can be rescheduled in Kansas is not specifically limited by statute. The court may grant continuances for good cause, which could include various reasons like attorney availability or the need for more preparation time.
To help further:
- Were any reasons given for the delays in your case?
can i claim colorable innocence on a plea deal
Claiming "colorable innocence" on a plea deal is complex and typically means that you maintain your innocence despite entering a plea. This can sometimes be used in post-conviction relief but is not a common practice during the plea deal process itself.
- Colorable Innocence: Generally refers to a plausible claim of innocence that could potentially be proven true if given the opportunity.
To better assist you, can you share if there were any specific reasons provided for the delays in your preliminary hearing?
in post conviction
It sounds like you have several legal concerns regarding the timing of your preliminary hearing and the possibility of claiming colorable innocence post-conviction. Here are some key points that might be relevant:
- Speedy Trial Rights: In Kansas, a preliminary hearing should generally take place within * to 21 days unless delayed for good cause.
- Continuances: The court can reschedule hearings for good cause without a limit specified by statute.
- Colorable Innocence: This is a complex legal claim usually raised during post-conviction relief, asserting plausible innocence despite a plea.
Post-conviction issues like these can be quite complex and might require professional legal advice.
Would you like information on how to file for post-conviction relief in Kansas?