Legal Question in Criminal Law in South Carolina

Speedy trial

I have been charged with two misdemeanors. the plaintiff in one and victim in the other--name removed--be out of the country for over a year. Can I file a request for a speedy trial, if so how do I do so, do they have to grant it, and if they do not have to grant it on what grounds can they refuse?


Asked on 7/24/02, 7:33 pm

1 Answer from Attorneys
Robert Johnston Law Offices of Robert J. Johnston

Re: Speedy trial

Any person who is going to trial on a criminal offense has the right to request a speedy trial. That would have to be done in writting to the prosecutor and filed with the court. If they do not give you a trial within a reasonable time, you would need to file a motion asking the court to either order the case to trial or dismiss the charges for failure to prosecute. Beware however, that SC courts do not believe that a trail that takes place over a year past the arrest violates a person's right to a speedy trial.

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Answered on 7/24/02, 9:54 pm


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