Legal Question in Criminal Law in Massachusetts

Re: Trial delay

You are 1/2 right. If you petition the court for a speedy trial, you have a right to be tried with a time period. This is something that has to be done.

Delays attributed to a defendant or out of control of the prosecution are deducted from this time period.

If the person is in jail for this time, I assume the person is represented by an attorney. If there is a concern, the defendant must get in touch with their attorney and ask about the reasons for the delay. If you are writing, there may a communication problem between the attorney and client that deserves immediate attention.

If I can be of any further assistance, please contact me.

Re: Trial

In addition to Attorney Lebensbaum's sound advice, it makes a difference whether the Defendant is being held as a dangerous person under Section 58A, or whether the bail has simply been set at too high an amount. If this is a dangerousness matter, perhaps a motion could be brought to reconsider and release with conditions. If this is a bail matter, perhaps the court could be asked to reduce the amount.

Best of luck.