Legal Question in Criminal Law in California

Re: right to a speedy trial

The right to a speedy trial has both federal constitutional aspects and state constitution and penal code aspects.

Generally in addition to the passage of time, defendant must be able to demonstrate some prejudice that resulted from the delay, such as loss of memory, a witness etc.

You should discuss this matter with an attorney as soon as possible. At that time you can provide additonal infomration as needed.

Re: right to a speedy trial

SIR:

U HAVE A GOOD MOTION TO DISMISS, BUT THE STATUTE OF LIMITATIOINS IS STOPPED WHEN THE WARRANT GOES OUT..CALL FOR FREE CONSULT..I NEED MORE INFO...310-201-0909 OR [email protected]

Re: right to a speedy trial

The case that established the right to a speedy trial in delaying arrest was one in which the sheriff carried around the warrant for the defendant's arrest for a year. A five-year wait is excessive. However, both you and the D. A. are going to have problems in trying to present evidence at a trial. So the D. A. may be very amenable to dropping the matter. And it should not be difficult to prove that you'd have a problem defending yourself due to lost evidence, failed memory, and witnesses that have died or disappeared.

There is a motion that may be presented to the court after you are arraigned on the charges. Seek legal advice from an attorney. If you can't afford one the court will appoint a public defender.

Lots of luck

Lots of luck