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Wade H. Russell

Wade Russell’s Answers

1 total

  • In New Mexico can I file for a dismissal on grounds that my right to speedy trial has been violated?

    How long does the prosecution have to try my case before I can file? It is about 18 months now.

    Wade’s Answer

    As to your question about whether you can file for dismissal on speedy trial grounds, the answer is "yes." The right to a speedy trial is covered by several factors set out in cases decided by the US Supreme Court and the New Mexico Supreme Court. One of the first factors, is, did you request a speedy trial? So you need to do that first--request a speedy trial. Then the other factors kick in an the court considers them and decides if your right to a speedy trial was violated. I won a case before the NM Supreme Court on speedy trial grounds when I was working for the NM Public Defender. (I practice in Austin, TX, now). The second question involves a different law--the statute of limitations for individual offenses. That law says how long the State has to file charges against you after your arrest. It is controlled by statute and depends on the nature of the charge.

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