Legal Question in Criminal Law in Virginia

speedy trial

I have a charge that took place on 3/5/07. it was noll processed and I was recharged on 9/24/07. My lawyer is no help at all. I need to know if the charge should be dismissed due to not having a speedy trial. trial date is 2/5/09. My lawyer told me that the courts had three months to try me after it cae from the grand jury. POSS.OF FIREARM BY FELON(THE GUN WAS AT MY GIRLFRIENDS HOUSE WHERE I DON'T LIVE AND THERE IS PAPERWORK STATING SHE OWNS THE GUN.


Asked on 1/03/09, 8:34 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Re: speedy trial

If the case were dismissed on speedy trial grounds, it would not be the first one by any means. The law firm I used to work with has won many cases this way.

The question would be if you or your lawyer did anything to waive your right to a speedy trial.

There are many actions that can -- even by accident and unplanned -- waive the right to a speedy trial.

If not, then from the dates you have given, I believe a motion to dismiss for a speedy trial would be granted. Obviously, I don't know all about the case and someone should check very carefully.

Also, from what you describe here (which is very little of course), you would probably be found not guilty by a jury. You do have to worry about whether you said anything to the cops or whether they have a witness that you ADMITTED something to.

You say you are not happy with your attorney. Is he court-appointed or private?

In general, I would recoomend (a) always explore whether your attorney is doing a good job because you will be stuck with the consequences, but (b) don't be hasty or jump to conclusions. He might be doing a better job than you think. But it is YOUR LIFE and your freedom, and you should certainly EXPLORE the situation and make sure he is representing you in the best way.

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Answered on 1/03/09, 9:09 pm


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