Legal Question in Criminal Law in New Mexico
How long can the state take to go to trial?
My boyfriend was charged with murder and tampering with evidence over a year ago and still does not know when he will go to trial. A co-defendant in the case's attorney has filed a motion to dismiss for violation of the constitutional right to a speedy trial. Is there a time limit?
1 Answer from Attorneys
Re: How long can the state take to go to trial?
Depending upon the circumstances, there are several serious results from a delay in indictment or trial. An accused has what are commonly known as "speedy trial rights" and they hve teeth. In order for there to be a pending criminal case in NM which is more than 12 months old it must have been to the district judge once and must later have gone to the Supreme Court. If it still hasn't gone to trial, there would appear to be a good consitutional argument for immediate dismissal for lack of a timely trial.
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