It's my understanding a defendant is entitled to a speedy trial, however my son is being brought to justice 2and a half years after being accused even though he ha been available for trial. In other words it wasn't as though the police didn't know where he was the lax on bringing him in, is this grounds for dismissal?
2006-12-15 06:49:46 · 9 answers · asked by draymond31 1 in Politics & Government ➔ Law Enforcement & Police
call a lawyer there is always a statue of limitation unless where talking about a serious felony
2006-12-15 06:54:18 · answer #1 · answered by Lab Runner 5 · 0⤊ 0⤋
No its not. The police are not the court system, they are who dragged their feet. Have you gone to the court house to see why it has taken so long for the case to come to trial? They may have had a busy schedule that you are not aware of. Do you have an attorney? Ask him what the delay on the case is. Attorneys will but cases back to fit their schedule as well. So I would 1st check with your attorney and make sure he did not put off any dates, if its not him then go to the court house. They would be able to figure it out for you.
2006-12-15 06:59:16 · answer #2 · answered by Anonymous · 1⤊ 0⤋
depending in the US on the state, but if the person is out on bail, normally there is not near as much looked at for the speedy trial.
Also for example even if you are in custody, in places like GA it will take the crime lab months just to review basic evidence. and sitting in jail awaiting a trial for a year or more is commom.
Also you have to make a motion for a speedy trial, not wait till they start thier case and then want it.
2006-12-15 12:08:37 · answer #3 · answered by Anonymous · 1⤊ 0⤋
If the investigation was complete and charges were filed in court and a warrant was issued for his arrest and the police knew where to find him and failed to arrest him... AND if all of that caused him some prejudice of disadvantage, then he may be able to seek a dismissal.
If you, his father, knew for 2 1/2 years that your son was accused of a crime and he has been available all that time and you didn't encourage him to get down to court and take care of it, is that grounds for you being considered a really negligent parent?
2006-12-15 09:01:26 · answer #4 · answered by RangerEsq 4 · 0⤊ 0⤋
Was he a suspect for 2 and 1/2 years or has he been charged with the crime that long??? Their is a huge differnce. A lot of times, it isn't the DA's fault, but the backlog in the court system.
2006-12-15 07:34:41 · answer #5 · answered by On Time 3 · 0⤊ 0⤋
Did he file a petition for a speedy trial? This is a question for his attorney, not Y A.
2006-12-15 06:57:15 · answer #6 · answered by Bostonian In MO 7 · 2⤊ 0⤋
...and ppl whine approximately unethical policemen, lol... maximum in all probability someplace on the fee ticket the top date and time is written down...that's what the decide will verify out. in case you play this "how ought to it relatively is sport" you will maximum in all probability make the decide offended and if he feels which you're mendacity you would be fined for contempt of the court docket. maximum patrol vehicles have video and audio kit with a time and date stamp on the video. are not getting caught attempting to spin your way out of the fee ticket and have the officer whip out the video documentation. you will look as though a fool. Your terrific probability to avert an outstanding could be to ask on your fee ticket's to be placed on a diversion. which will rely on your making use of checklist and the decide.
2016-10-15 00:27:00 · answer #7 · answered by Erika 4 · 0⤊ 0⤋
speedy trial starts when you are arrested not from the date of the offense
2006-12-15 07:13:27 · answer #8 · answered by Keith 5 · 0⤊ 0⤋
No. It is not cause for dismissal. Sorry. Get an attorney.
2006-12-15 07:04:23 · answer #9 · answered by Anonymous · 1⤊ 0⤋