How long can the prosecution wait before they even turn over the disclosure? The arrest was made 7 months ago and the defense lawyers still have not received any information from the police or prosecution. Is there a time limit on this stuff? A person should not be left in limbo.
2007-05-20 18:39:25 · 4 answers · asked by tlsandy 1 in Politics & Government ➔ Law & Ethics
This right, guaranteed in the 6th Amendment, is generally framed as 'There shall not be an "unreasonable" delay. Whether any delay is reasonable or not can only be answered by a judge. Some states have laws that specify the lenght of time, such as New York. Most do not.
Your lawyer would have to petition the court to dismiss the charge on the basis of unreasonable delay, but if the judge rules against you, it could prejudice the judge against you.
A judge will usually give the prosecution extra time to solidify their case if you are not actually in jail, because the 6th Amendment was designed so that you would not spend excessive time in jail due to delays. Also, due to the double jeporady law they only get one kick at the can.
Your own lawyer would be the best one to advise you on how long to wait before launching this petition or if you should or not.
Good Luck!
2007-05-20 19:10:14 · answer #1 · answered by dr.dryice 3 · 1⤊ 0⤋
The laws vary from state to state on court proceedings, big cities take longer then smaller cities because of case loads, but by the constitution you have the right to a fair and fast trial and you should put a candle under your lawyers butt and make them push the matter forward. It could be that they(prosecutors) are so overloaded with cases that they haven't had time to fully put yours together to prosecute. This is the time to see if your lawyers can get a dismissal.There are time limits depending on the case/charges/severity of the alleged crime.
2007-05-21 02:01:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Investigation sometimes takes a long time in order that enough evidence will be gathered in filing the case in court. Thus, the aggrieved party feels that the case is being railroaded.
2007-05-21 05:11:33 · answer #3 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
Depends on the offense. Why not ask your lawyer to file a motion? If convicted, it might be grounds for an appeal.
2007-05-21 01:47:04 · answer #4 · answered by Anonymous · 1⤊ 0⤋