ive been hired for a new job but have to have it resolved to be officially hired. My attorney assures me we will win the case but the court says they can't see me until february!
In order to make a motion to dismiss for a speedy trial violation, you (or your attorney) have to assert your right to a speedy trial. When a judge considers this kind of motion, keep in mind that he or she will consider whether or not you or your attorney have requested any continuances in the past 2+ years and whether or not you or your attorney have asserted the right to a speedy trial previously. Given that your trial setting is about 2 months away, I am not sure that you are entitled (or will get) a trial setting any earlier than that (since it is a reasonable amount of time from a motion for speedy trial filed now), but it would at least help you out if the State attempted to request another continuance at the February setting.
This is a question you should discuss with your current attorney in more detail.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
I agree with Mr. Walcutt. To get any relief in a speedy trial situation, the defendant must assert their right to a speedy trial. If you have requested continuances in the past, this will not help your argument. If the State has continually requested the resets, a speedy trial motion may be proper. This would help greatly if the State were to request another reset.
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