Legal Question in Criminal Law in District of Columbia
definition of arrest/ speedy trial
A few months back federal agent's raided my home (on a military base). I had not been living in my home for the 6 months prior to the raid. My wife had been living there with her boyfriend. I came home found out about the affair and was raided the next day (my wife moved into her boyfriend's apartment the day before I came home).
The agent's searched my home and confiscated computer equipment and videos/dvds. They also handcuffed me and brought me to their office, finger printed me, photographed me, mirandad me, and questioned me.
They released me a few hours later, I was escorted home and the other agent's were wrapping up their search and tagging things.
It has been well over 90 days since then. I have not been formally charged and the investigators claim I am ''still under suspicion''. However, I want to move on with my life and the cloud is preventing me from finding adequate employment (I want to work for a governemnt contractor).
Does the arrest constitute and arrest in terms of the Speedy Trial act? I know federal cases require official charges within 30 days. Also, I was a civilian at the time of the arrest and they arrested me in my home without an arrest warrant (though it was military housing).
1 Answer from Attorneys
Re: definition of arrest/ speedy trial
If you were arrested as a civilian on U.S. government property, any charges emanating from the arrest would be federal charges tried in a U.S. District Court in the jurisdiction where the federal facitily is located.
The Speedy Trial Act is triggered only when charges are formally brought by the U.S attorney's office and not merely when the defendant is arrested. If such charges have not yet been forthcomong, in all likelihood they
never will be.
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