my husband was arrested almost a year and half and still has not been to court and we was wondering if the state of Alabama had "speedy trial". thank you
Criminal Defense Attorney
It sounds to me as if you were arrested and released and the DA has not yet filed the case. If that is the case, then your issue is not with the issue of a speed trial, but rather with the statute of limitations on the specific offense.
1 lawyer agrees
Car / Auto Accident Lawyer
Your husband does have a right to a speedy trial, but there is no set time for this in Alabama. Depending on what you mean when you say that your husband has never been to court will depend on whether his defense lies with a statute of limitations or a speedy trial issue. In any event, he will need to assert his right to a speedy trial, and the court will then evaluate factors to determine if he has been prejudiced by not having been brought to trial. The judge will consider factors such as the reason and length of the delay. I would consider your husband contact a Criminal Defense Attorney immediately to protect his rights.
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