Legal Question in Criminal Law in Washington

Re: Rules of discovery

Thanks for the question. There is no simple answer. There are a number of factors to consider but there is no actual time limit. Much of the court is driven by agreement of the parties, assuming they agree, and by judges decision when they do not. The real issues surrounding delay are two fold: 1) How does it affect your right to speedy trial, and 2) does the delay prejudice your case.

Speedy trial-you have a right to one in 90 days if you are out and 60 if you are in jail. For the most part, with exceptions, only you can extend that time. You would only do so when it is in your interest to do so. In this case it sounds like the evidence being waited for is against you so you would have no reason to waive speedy and should force the matter to trial.

Prejudice--prejudice means that your case is negatively effected. If you are in custody then you are automatically prejudiced by the delay. Otherwise, you need to show how delaying the case worsens your chances at trial, perhaps you have witnesses that may become unavailable, etc.

The bottom line is that the factors are numerous and difficult to second guess with limited information. Please contact me directly if you would like to consult further.