STATE OF ILLINOIS

JACKSON COUNTY
FIRST CIRCUIT
THE PEOPLE OF THE STATE OF ILLINOIS, )
Plaintiff, )
-vs- ) Case Number: 19-CF-1234
JOHN DOE, )
Defendant. )

MOTION TO CONTINUE

The Defendant, JOHN DOE, by and through PAUL JAMES, moves for this Honorable

Court to grant a continuance of Mr. Doe’s Speedy Trial. In support thereof, the State states as

follows:

1. Mr. Doe was arrested on January 1, 2019 for the criminal offense of burglary.

2. Our key witness will not be able to testify at Mr. Doe’s trial within the 120-day time

span for his Speedy Trial rights.

3. Mr. Doe, by and through Paul James, has filed a Motion to Continue as a result of the

legal dispute.

4. Our key witness, Jane Smith – a forensic expert on fingerprint comparative analysis,

is pregnant and is currently in labor; therefore, she will need at least one month to

recover and will not be able to testify at Mr. Doe’s trial within the 120-day time span.

5. A written motion for continuance made by defendant more than 30 days after

arraignment may be granted when: A material witness is unavailable and the defense

will be prejudiced by the absence of his testimony; however, this shall not be a

ground for continuance if the State will stipulate that the testimony of the witness

would be as alleged. 725 ILCS § 5/114-4(b)(3).

6. In People v. Toolate, 62 Ill. App. 3d 895, 897, 379 N.E.2d 927, 928, 20 Ill. Dec. 94,

95 (1978), it is noted that Dr. Paul Koop, one of the material witnesses in this case,
 was out of the United States and unavailable the week of October 30; therefore, the

State requested a motion to continue.

7. The Court also noted that, “At the conclusion of the November 17 hearing Judge

Scholz said, “But I think this is a reasonable request. The motion for continuance to

the December calendar is granted.” Id. at 212, 404 N.E.2d at 936.

8. Therefore, this Honorable Court should grant a continuance because Jane Smith, a

material witness, is unavailable and the defense will be prejudiced by the absence of

her testimony.

9. Pursuant to 725 ILCS § 5/114-4(b)(3), this Honorable Court should therefore grant a

continuance of Mr. Doe’s Speedy Trial.

WHEREFORE, the State of Illinois respectfully requests that this Honorable Court grant

the State’s motion to continue Mr. Doe’s Speedy Trial.

Paul James
Paul James
Attorney at Law
123 Sesame St.
Carbondale, IL 62903

VERIFICATION
I, John Doe, being first duly sworn on oath, state the above facts are true and correct to the best of my information and belief.
____________________________________________

Subscribed and sworn to before me on _____________________________________________________________.

____________________________________________
Notary Public
CERTIFICATE OF SERVICE
I, __________________________________________, served the required number of copies of this motion upon the
parties named below by personal service, on __________________________________________________________________.

(a) Michael Michaleson, Jackson County State’s Attorney (b) Cindy Cindyson, Jackson County Circuit Clerk
1001 Walnut Street, Murphysboro, IL 62966 1001 Walnut Street, Murphysboro, IL 62966
 STATE OF ILLINOIS
JACKSON COUNTY
FIRST CIRCUIT
THE PEOPLE OF THE STATE OF ILLINOIS, )
Plaintiff, )
-vs- ) Case Number: 19-CF-1234
JOHN DOE, )
Defendant. )

ORDER
REGARDING THE DEFENDANT’S MOTION TO CONTINUE

The Defendant’s Motion to Continue is hereby:

____________________________ ____________________________
GRANTED DENIED

JUDGMENT ENTERED ON THIS DATE:

____________________________________________________________.

____________________________
JUDGE