Legal Question in Criminal Law in New York
Right to a Speedy trial
Hello, Could anyone please tell me the answer to this. In June 2004 I was Indicted in county court on the charges of Felony DWI and AUO 1rst (Felony) At this time the ''People'' stated they were ready to proceed with the trial. It is now February and I have just recieved a trial date of March 2005 a total of about 9 months. I have never asked for adjournments nor did I waive my right to a speedy trial. Has my 6th admendment right to a speedy trial been violated? Also if so, what are the chances of getting my case dismissed based on this? Thank you everyone for your time....I really appreciate it.
2 Answers from Attorneys
Re: Right to a Speedy trial
'Speedy Trial' is a 'term of art' in law. That means the Constitution has not indicated how many days constitutes 'speedy'.
The court will look to the number of days and whether you have been put at a disadvantage; anxiety, loss of evidence, unavailability of witnesses, and time in jail.
The usual time to establish a delay as 'presumptively prejudicial' is one year. But 9 months is a long time.
Make the motion. This could be a winner!
(Make sure a lawyer drafts your motion-that is important. The affirmation must include caselaw and an analysis of the facts in your case.)
My fee to draft the motion is $500.00
Re: Right to a Speedy trial
Are you represented by counsel in this case? A complete review of the court papers is the only way to answer your question.There may have been postponements attributible to the defense in this case such as time to prepare motions etc. so again without knowing the accurate case history an answer can't be offered.If you do not have an attorney you may call my office and perhaps I can review the matter further if retained. My office phone # is 718-834-0087
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