The right to DCA within 30 days was waived in lieu of plea bargain but after 3 continuances they revoke plea bargain and remand to prelims but my rights to speedy trail were in effect violated right?
2007-03-27 10:36:17 · 7 answers · asked by rick s 2 in Politics & Government ➔ Law & Ethics
Who asked for the continuances? If it was you, your speedy trial time is tolled during the continuance period. If it was the prosecutor, the time runs against the government. And, if your speedy trial rights were violated, it IS a big deal and your case will be dismissed.
2007-03-27 10:52:43 · answer #1 · answered by David M 7 · 0⤊ 0⤋
Usually, you plea bargain to get your sentence reduced. Yes, it does speed up the process, but that means if you plea bargain, you don't have a trail. You go to a judge and receive your sentence, I believe. But, having your plea revoked means you are to go through the normal procedures, which doesn't mean you have had your rights removed to a speedy trial.
2007-03-27 10:40:40 · answer #2 · answered by Groovy 6 · 0⤊ 0⤋
No, your rights were not violated. You can re-negotiate your plea at any time prior to abjudication. However, the prosecution is not required to re-negotiate if they so choose. You better hope for another continuance or you might be using the Dept. of Corr. computer.
2007-03-27 10:50:25 · answer #3 · answered by Anonymous · 1⤊ 0⤋
while you have a right to speedy trial, their really is no legal remedy if you do not get a speedy trial, the case will not be thrown out because you did not get to trial in a timely manner
2007-03-27 10:40:40 · answer #4 · answered by goz1111 7 · 1⤊ 0⤋
Your'e absolutely right and should probably get a better lawyer, if he's not working for your rights, **** him, file that your rights were violated.
2007-03-27 10:47:55 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Get a mean attorney.
They violated your rights.
2007-03-27 10:39:42 · answer #6 · answered by infobrokernate 6 · 0⤊ 1⤋
you should be asking your lawyer
2007-03-27 10:39:48 · answer #7 · answered by Anonymous · 1⤊ 0⤋