Legal Question in Criminal Law in California
7 yr old charge
what are the chances of a 7yr old robbery charge that was filed on 12/5/2002 being dropped if there is no evidence.
4 Answers from Attorneys
Re: 7 yr old charge
You may have a good Speedy Trial argument. That would dismiss the case completely.
If you would like to discuss the case further feel free to contact me. Best of luck.
Re: 7 yr old charge
Cases in which there is really "no evidence" are extraordinarily rare. Even if there is no *physical* evidence there will probably be testimony, which is a form of evidence.
You are much more likely to have a viable argument based upon the amount of time that has passed. A six-year delay (it won't be seven years old until December) would be justifiable under some circumstances, but I have no idea whether any such circumstances are present in your case.
Re: 7 yr old charge
If there was no evidence, it wouldn't have been filed. If you're saying you have a warrant outstanding, then hire an attorney to deal with this. IF there are defenses, or grounds for various motions, he can advise you, after full review of all the facts and issues. If this is in SoCal courts, feel free to contact me if serious about doing so.
Re: 7 yr old charge
Hard to determine what you are really saying. Charges have been filed and there is a 7 year old warrant out on you? Or the prosecution simply failed to prosecute the case quickly, in which case your right to a speedy trial might have been violated?
I recommend you actually call a lawyer or two to get a more meaningful answer to your question.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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