Legal Question in Civil Rights Law in Minnesota
i have a friend that ask for a speedy trail and has not got what he ask for, and he had ask for that speedy trail last year and now is sittind in jail for it. so is there any thing that can be done for him sent that trail has not happen yet?
1 Answer from Attorneys
Criminal defendants are entitled to a speedy trial. U.S. Const. amend. VI; Minn. Const. art. I, 6. In Minnesota, a defendant must be tried within 60 days of demanding a trial unless good cause is shown for the delay. Minn. R. Crim. P. 11.10; State v. Kasper, 411 N.W.2d 182, 184 (Minn. 1987).
The critical part of the law is that if good cause can be shown to go beyond the sixty days, there is no violation. The remedy is to file a Motion to dismiss based on a violatoin of cosntitutional rights.
For Minnesota criminal defense issues visit criminal-law.tv or call 612.240.8005.
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