Has my right to a speedy trial being violated?

Asked over 2 years ago - Pittsburgh, PA

In march of this year I was arrested and the pre-trial has been postponed twice by the local court...both times for the same reason. 1st time stating they didn't have weights of weed back from crime lab. My attorney and I agreed to a verbal reading from crime lab at 1st pre-trial, but were told by local police that after they contacted crime lab, the lab informed the police that they did not have report ready. The 2nd time stating the crime lab did not have authorization from local police to do testing? Now the pre-trial has been postponed for 5 and a half months from my arrest date. please advise.

Attorney answers (3)

  1. John Edwin Daniel Larkin

    Contributor Level 13


    Lawyer agrees

    Answered . The right to a speedy-trial is difficult to pin down, but a five-month delay is, in all but the rarest cases, not long enough to violate it.

    Pennsylvania courts rarely encounter speedy trial violations, however, because Pennsylvania has codified that right by Rule into a requirement that trial take place within 365 days of the date a complaint is filed. In your case, it sounds like you aren't even half-way to the 365 day mark, which means that your Rule based right to speedy trial has not yet been violated either.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents,... more
  2. Michael Lawrence Doyle


    Contributor Level 20

    Answered . You need to discuss this with your attorney. No one else can give you advice. My assumption is that you have brought this up with him and he said it is not a violation. From what you have conveyed, he would be absolutely correct.

  3. Ryan M Belanger

    Contributor Level 11


    Lawyer agrees

    Answered . It sounds like you have an attorney working for you right now, so you should ask him/her to answer this question based on the specifics of your case and what has happened so far. Best of luck.

    Please don't hesitate to contact me at ryanbelanger@hotmail.com. www.ryanbelangerlaw.com. Disclaimer: No attorney/... more

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