Legal Question in Criminal Law in Washington

speedy trial rights

my trial was to start no later than 4/24/08. i had cort on 4/22/08.the prosecution was unable to contact the arresting officer, for he was in training camp. the judge extended my trial date and set another readiness hearing on 5/5/08. i contested this on 4/23/08 with the county clerk, the prosecuter, and my attorney(he wouldn't do this ,even at my request.) the motion i filed was on the criminal rule 3.3 i found that i was to sign a waiver for speedy trial ( i did not) also it says they were supposed to file this with the court at least 7 days in advance of trial. have my rights been violated? what should i do next?


Asked on 5/04/08, 11:07 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: speedy trial rights

You filed a motion? Excellent. Then there will be written record of your objection to the continuance beyond speedy. Yes, if your expiration date was 4/24/08 the prosecution should have anticipated needing to contact the officer and this would not be an acceptable reason for continuing beyond speedy. It sounds like your right was violated. You will be able to appeal this issue if you do not otherwise win the case. If you lose the case tell the judge your intent to appeal.

At this point, you may wish to get a written explanation from your attorney. You should hire a different attorney for your case. One who can at least explain to you what is going on with your case.

At your service,

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Answered on 5/05/08, 5:39 pm


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