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Right to a speedy trialThis is the situation: (A person has a right to a speedy trial) The court date is held on the last day in order for a speedy trial, when the judge declares a mistrial. A mistrial is declared because there were only 5 people in the jury pool who could be on the jury for a DUI. Should the charges have been dropped because of the right to a speedy trial? Was the defenses attorney negligent in demanding the charges be dropped? Attorney answers (1)
Christian Dominique Defrancqueville Reputation Level 8
Answered over 3 years ago.
Criminal Defense Attorney in Ballston Spa, NY.
In New York where I practice there is a right to a speedy trial under state law and a constitutional right to a speedy trial. To avoid a speedy trial dismissal in New York, a prosecutor simply has to declare he or she is "ready for trial" within the statutory period. In your case, you got your trial (despite the mistrial) so there is no basis for a speedy trial dismissal.
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