Legal Question in Civil Rights Law in Utah
due process, speedy trial
Our District Attorney's office is filing crimminal charges against people.
The people are not notified, then 8 months to 2 years later hauled in on a warrant and told they were fleeing.
The District Attorney says that the charges cannot be dismissed because of the Right to a Speedy Trial because they did not set a court date???
I personally know 3 of these people and they were never given notice of the charges, we live in a Valley of 100,000, their address's are known and even given to the cops.
Wouldn't notice have to be given or a court date set in order to put out a warrant?
1 Answer from Attorneys
Re: due process, speedy trial
An arrest warrant is usually issued without notice or a court hearing. Once issued the accused can be arrested without any notice. If the DA or police are negligent in their timing in making the arrest, that fact can be used in the defense of the accused, and may be a factor in determining if the accused's rights to a speedy trial have been abused.
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