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How do I contest my right to a speedy trial??

Bowling Green, KY |

I am the defendant in a criminal case where the trial date has been pushed back at least 4 times simply because the dates were inconvenient for the plaintiff. Thr plaintiff has no medical or family related issues that would make it necessary to repeatedly move the Court for a continuance. The judge even expressed concern about this recently. Is there a way to ask the judge to move up the trial date?

Please leave rude responses at the door.

Attorney Answers 5


  1. Best answer

    Because Kentucky has no statutory speedy trial right in criminal cases unless you are in jail/prison, each case is fact specific. If the prosecutor/government asks to "too many" continuances, or your right to defend yourself is being harmed from their continuances, you have an argument for a dismissal for violation of your speedy trial right. Not an easy task in Kentucky.

    If you have no lawyer, get one and make sure he knows not to ask for a continuance to "get up to speed," and review your case to see whether you have a situation ripe for such a speedy trial motion.

    You can reach Mark Solomon at (720) 722-2050 for clarifications to any answers here. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. This is general informational response is based only on the information given. It should not be relied upon without consulting a lawyer and getting a full consultation. This response to the question does not create an attorney-client relationship. Mark Solomon Criminal Defense Attorney Solomon Law, P.C. 2600 S. Parker Rd, Suite 3-134, Aurora, CO 80014 (720) 722-2050 http://www.solomonesq.com/


  2. Who is the "Plainitff" if this is a criminal case?

    Ask for a trial date certain and have it marked FINAL.


  3. If you've got an ongoing criminal case, especially one that is going to trial, I strongly advise you to hire a locally experienced defense attorney. Let them handle any speedy trial issues that might exist, as well as any other defense. Best of luck.

    Jasen Nielsen


  4. Plaintiff? Criminal case? Your post mixes up terms that apply to entirely different areas of law with predictably different answers. Speedy trial applies to CRIMINAL cases, not to CIVIL cases. Not sure which you are involved in.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.


  5. The leading case that is often cited by a Kentucky lawyer in support of a motion to dismiss based on delays seeking relief after continuances have been granted and the defendant wants a trial by jury without delay is Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). A summary of the case follows:

    Barker v. Wingo, 407 U.S. 514 (1972), was a case in which the United States Supreme Court held that determinations of whether or not the Sixth Amendment right to a speedy trial for defendants in criminal cases has been violated must be made on a case-by-case basis, and set forth four factors to be considered in the determination.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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