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Jason M Kalafat
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Jason Kalafat’s Answers

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  • I was arrested little under 2yrs ago on a felony drug charge, i was handcuffed, printed, photographed, questioned, put in cell

    i was released on own recognisance 4 hrs later, almost 2 yrs later i get a grand jury indictment in mail. i just went to court today, where they read charges, and assigned public defender ? my question is i know i am guilty i would have pleaded l...

    Jason’s Answer

    Unfortunately, your speedy trial rights do not begin until you have been arraigned on the charges; the arraignment appears to be the hearing you recently attended. In certain circumstances, a case may be dismissed for excessive or prejudicial pre-indictment delay (meaning the Government took a long time, without sufficient reason, between the date of the crime and date of the indictment), but in my experience a delay of less than two years in a felony drug case will likely not be deemed excessive or sufficiently prejudicial.

    Your attorney should nevertheless examine the reason for the Government's delay in the indictment and explore the prejudice the delay has caused to you and your defense.

    If ultimately you plead guilty or are convicted at trial, the delay in prosecution could be presented to the Court to help mitigate your sentence.

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