i was arrested for a dui on may 6th. i finally heard something and had an arraingment on aug.29th
Criminal Defense Attorney
The police have up to two years to file charges for DUI due to the statute of limitations (2 years). From the time charges are filed, the government has 365 days to complete the case. There are a number of exceptions, such as any time for defense continuances. Those exceptions are called "excludable time." There are a number of court cases and statutes involved in calculating excluable time, and without having considerable experience doing such work, it may be hard to calculate. In your case, only three months have passed since your arrest. I'm not sure from the information you provided if police already filed the charges when you were arrested, or if they mailed you the complaint. In either case, it does not look as if you have a time issue just based on the facts you presented. I advise you speak to an attorney regarding your case, since there may be other issues an attorney may spot after consulting with you.
║ Anthony Gil, Esq. ║ www.thegilgroup.net ║ (215) 840-4704 ║ The answers I provide are not considered legal advice as this forum does not create an attorney client relationship. The short questions in this forum do not allow for full and competent legal advice. I advise you get an attorney in any case where you have contact with the legal system. Feel free to contact me via my website http://www.thegilgroup.net if you would like to have a consultation.
5 lawyers agree
Divorce / Separation Lawyer
I agree with both of my colleagues. The commonwealth is well within their 365 day timeline to get the case to trial.
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