I live in the state of georgia and i've had a pending felony charge against me for two years now. I called the DA's office today and they don't have a indictment or nothing. They said it could be another year or so before it ever comes back up. Is'nt that crazy. Why would it take so long to come back? My stupid lawyer (which is a public defender) keeps telling me he will call me back every time i ask about him fileing a motion for a speedy trial. Should i get another lawyer?
2007-07-09 06:21:46 · 7 answers · asked by mango 1 in Politics & Government ➔ Law & Ethics
It might not be a good idea to lose the lawyer you are currently using but you may went to get a "second opinion." It couldn't hurt to hear another voice on the subject. Especially since you are dealing with a felony charge. Getting as much knowledge as possible on the charge would also likely benefit you.
2007-07-09 07:09:05 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Filing a speedy trial motion is actually likely a bad idea.
Most states have limits on how long after an initial complaint or arrest they can get an indictment (or other criminal pleadings, not all states use "indictments").
If your lawyer files a motion that forces the other side to go into court, then the prosecutor will just respond by filing the appropriate paperwork to move the case forward.
If you don't push the issue, the time limit for the indictment may expire, in which case you have a much stronger grounds for dismissal than a speedy trial motion.
2007-07-09 13:43:18 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
A speedy trial motion can only be heard by the court once you are charged. If the DA has not pressed charges yet then your motion will be dismissed with prejudice as you have no standing to file such a motion without an attendent charge.
2007-07-09 13:34:00 · answer #3 · answered by hexeliebe 6 · 1⤊ 0⤋
Why would any defendant want to every go to trial in a hurry? A lot of criminal cases (for example, your case sounds like one that is headed that way) die on the vine. Old evidence is never good evidence. Witnesses move away or die. Prosectors change, police officers retire or lose interest.
You always risk a guilty verdict if you go to trial. No trial, no possibility of a guilty verdict.
For the same reason, I won't do insurance defense work. I've had insurance companies force me to pay settlements (they don't like "pending" cases) on cases that would have ultimately been dismissed for want of prosecution. This encourages other parties to sue for the nuisance value settlement. In civil cases, just like criminal, a defendant can never have an adverse judgment if the case never goes to trial.
2007-07-09 14:37:26 · answer #4 · answered by ChinHoYang 2 · 0⤊ 0⤋
I am not lawyer but,
Obviously this was not a serious crime nor a priority of the DA's office. Maybe if you don't bug them they will forget about it.
Speedy trial provisions are much more strigent if the defendant is in custody then if they are out on bail or personal recon.
2007-07-09 13:29:17 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Yes, I would get another lawyer. Good luck.
2007-07-09 13:25:10 · answer #6 · answered by American citizen and taxpayer 7 · 1⤊ 0⤋
Yes, get a new lawyer.
Don't send a boy to do a mans job.
2007-07-09 13:28:00 · answer #7 · answered by labdoctor 5 · 1⤊ 0⤋