Legal Question in Criminal Law in Virginia
proper excludable delays -speedy trial
on 11-14-06 my boyfriend was arrested in va. prelim finalized on 5-10-07 true bill returned on 6-26-07, he has had two dates for trial 8-13-07,& 10-18-07 both have been continued, next one is 11-09-07, he has been incarcerated this whole time which is 5 days short of one year from arrest, can you explain what is considered proper excludable delays and how many days longer can they keep him incarcerated without conviction before his right to a speedy trial has been denied to him
Asked on 11/04/07, 8:55 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: proper excludable delays -speedy trial
Your boyfriend and his defense counsel, obviously, must have already agreed at some point in his case after 5/10/07 to waive his right to a speedy trial. See Va. Code Sec. 19.2-243(4).
Answered on 11/05/07, 7:23 am
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