Legal Question in Criminal Law in Virginia
speedy trial
my man was arrested in va and charged with 5 felony he has been in jail since 11-14-o6 prelim was final on 5-10-07, grand jury true bill on 6-26-07 on 8-13-07 had a court date that said trial result cont. next court date 10-18-07 can you explain statue 19.2-243 as to why his right to a speedy trial have not been violated and exactly when does trial commence,
1 Answer from Attorneys
Re: speedy trial
If the accused or his attorney filed for continuances or agreed to the Commonwealth's motion for a continuance
with respect to the preliminary hearing date, that could explain the delay between his arrest date of 11-14-06 and 05-10-07 when the preliminary hearing was apparently held. All other dates, apparently, are still within the five month requirement for trial from the date probable cause was found at the preliminary hearing prescribed in the statute which you've cited.
However, you could always double check with "your man's" lawyer to verify the
accuracy of any of the above.
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