How long does it takes to go to court on a dwi after u been and the next court day is over a year

Asked almost 5 years ago - Gastonia, NC

how long does it takes on a speedy trial, isnt my sixth amendment being violated

Additional information

the court is prolong due to the officer is on milltary leave what does that half to do with me that should technically be dismissed and ive went to court but its postpond for over a year isnt my sixth amendment been violated and what can i do about that and how long does it take on a speedy trial is it even worth trying to go to court over this this should have been dismissed when i last went

Attorney answers (2)

  1. John M. Gioffredi

    Contributor Level 12

    Answered . I wrote a Speedy Trial Legal Guide for AVVO.com on this very issue and have it posted under my attorney site.

    At this point, the most important thing for you (or preferably, your lawyer) to do is file a written demand for a speedy trial ASAP, and get the judge to rule on it. In fact, under your circumstances, you should probably be filing a written speedy trial demand on AT LEAST every trial setting, and probably more often than that! No particular form is necessary, just make sure it says something like "I demand my right to a speedy trial, and hereby invoke all state and federal constitutional and statutory rights thereto."

    The written demand is important because that is one of the four components of the Barker v. Wingo "four part balancing test" which is used to determine if your case should be dimissed for a violation of your speedy trial rights. If you do not demand a speedy trial (and I'd always recommend that the demand be in writing), you'll likely NEVER get a speedy trial dismissal! It's really the first (and easiest) step in getting your case dismissed, and easily the most important! Without this demand, you can probably never get a dismissal!

    The other four factors are: 1) How long has the delay been? 2) What or who has caused the delay? The prosecution (sounds like it in your case!), the court, or the defendant? And finally, 3) How have you been harmed by the delay? (The 4th factor is How often and how loudly has the defendant demanded his right to a speedy trial? This is really the only factor that you have full control over.)

    Hopefully, you have an attorney representing you. If not, you should probably hire one ASAP. It is theoretically possible that you might be able to get the judge to dismiss your case for a speedy trial violation without having an attorney, but that's not very likely, in my opinion. If you have an attorney, or are looking to hire an attorney, ask them questions about your right to a speedy trial, and how your case might get dimissed because of a violation of your rights. Demand intelligent, well thought out answers. Sadly, there seems to be many lawyers, even very accomplished ones, who are not very familiar with the process of getting cases dimissed for speedy trial violations. If they don't know how to obtain a speedy trial violation, either find a new attorney, or demand that they research the issue to your satisfaction.

    For more detailed information, look up my Speedy Trial Rights Legal Guide under my attorney profile at John Gioffredi, in Dallas, Texas.

    Good luck to you!

  2. Alan James Brinkmeier

    Contributor Level 20

    Answered . Barker v. Wingo, 407 U.S. 514 (1972) was a case where the petitioner made no objection to the continuances of his trial dates until three and one-half years after he was arrested. Just as Mr. Gioffredi observed, make all requests for a speedy trial in writing and do so frequently to get the matter moving.

    Good luck.

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