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Constitutional speedy trial violation, what now with the new rules of the courts in regards to directly appealing.

Atlanta, GA |

my right to a constitutional speedy trial have been violated and there were obvious errors by the judge on the hearing on the motion to dismiss what are my options as far as appealing this issue when the errors of the judge are apparent and with the recent denial of the direct appeal by the courts.

Attorney Answers 3


If you have a lawyer representing you then you should discuss your questions with tht lawyer as he or she is in the best position to answer your questions. If you don't have a lawyer you need one.

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The right of a speedy trial is relative-not absolute. It depends upon many facts and circumstances and the court balances the “degree of prejudice against the reasons for delay given by the prosecution” Marion, 404 U.S. at 324; United States v. Lovasco, 431 U.S. 783 (1977).

If the court determines that a defendant has been denied the right to a speedy trial, a decision to dismiss the indictment or to reverse a conviction in order that the indictment be dismissed would be issued.

Recommend you meet directly with a GA attorney who routinely handles appeals or contact the clerk of the Appeals court for guidance on the when/how of an appeal beyond the trial court.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. We have not established an attorney-client relationship unless we have a signed representation agreement and you have paid me. I am providing educational instruction only--not legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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The first answer is the best one: if you have a lawyer, talk to your lawyer about it. There was a motion to dismiss from what you have said, so the issue is preserved. Unfortunately, you are right that with Sosniak, you do not have the right to appeal the matter without requesting an interlocutory appeal, though. On the positive side, if there was a motion to dismiss (and obviously not knowing anything else about the circumstances), it appears you have preserved the issue and can, if necessary, appeal the matter. So definitely consult with your lawyer and, if necessary, appeal the speedy. If there was error, your justice will be delayed, but not denied.

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