Legal Question in Criminal Law in Washington

how long can you be held

case: 2 defendents tried together because they did the crime together

robbed a resturant, charged robbery, breaking an entering, possesion of firearm, abductions. 16 felonies a piece

question: How long can they be held in jail. They have had mistrail:one juror got sick

only 11 left; Hung jury; mistrail-defense lawyer mentioned that the defendents could be sent away for a long, long long time at closing arrangements. Have been in jail for 2 years next trail 4 months, starting there 3 year.

Bob


Asked on 10/24/06, 1:12 pm

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: how long can you be held

Bob,

Thanks for the question. I'm sorry to hear that people you know might be facing so much time. I think your question is mixed on how long they can be held in jail. On the one hand, there is the question of how long they can be held in jail pending their trial. There the speedy trial rules apply. The general rule is 60 days with some extension for mistrials. So, they have been there much longer than that. They must be agreeing to extend that time so that their attorney can prepare their defense.

On the other hand, when the defense attorney is saying they can be sent away for a long, long time, you are talking sentencing. There is a sentencing grid that takes the most serious charge and adds the number of other charges currently and in the past. Going off the chart (16 counts goes off the chart) is an excuse for the judge to give an exceptional up (higher than standard range sentence). Then there are likely weapons enhancements since they are also charged with possession of firearms. The defense attorney, who knows exactly what they are charged with, should be able to tell them the range of sentence they are facing. Contact me directly if you have further questions or would like to consult with me about this case.

At your service,

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Answered on 10/24/06, 2:54 pm


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