Legal Question in Criminal Law in California
right to a speedy hearing?
my daughter will turn 21 in jail this month. she is a new mother of a 5 month old boy. when she was 17 a murder was committed that she had nothing to do with. detectives interigated her for 3 1/2 yrs and she cooperated with them. after she had her baby and he was 3 weeks old they arrested her along with several others and charged her with capital murder plus numerous other felonies. she had only known the alledged murderer for 2 months and told all she knew. she has no bail and has refused to waive her right to a speedy trial each time she was in court and it was over looked. do to the amount of people and attornys involved they can't find a time to have the preliminary hearing for 6 more months because everyones callender is full. the attoney, p.i., d.a., etc. all agree that there is nothing in the discovery conecting her to murder. They just think she knows more than she is saying. it seems like cruel and unusual punishment. we take the baby to jail for an hour a day for her to look at through the glass. she has no reason to protect anyone at the expense of her first baby. can this be legal?
2 Answers from Attorneys
Re: right to a speedy hearing?
I will need more information in order to answer your question, but it sure sounds fishy at best. Please call me at (800) 313-9619. There will be no charge for this call. Thank you
Re: right to a speedy hearing?
Unless she waived the right to speedy hearing, she has a potential for dismissal of the charges if they don't bring her to hearing within the time provided by law. Bottom line is that she needs counsel, either PD is she has no money, or hire a good private attorney.