I was charged in florida on 9-27-07 on several felonies have had first attorney withdrawn due to conflict of interest, since then i have had 6 public defenders due to conflict of interest, now have regional counsel of conflict attorney, new charges filed in last two weeks from 10-21-04 all charges r from 04-05. Do i have grounds for dismissal under the speedy trail act?
I understand i might have a Constitutional speedy trail violation, was told today that i will have to go to trial 7-12-2010. weather this attorney is ready or not, was told by this attorney via text that i have no grounds for anything, because other atts asigned asked for time to look at when first assigned to case then moved on after one appearance. where can i find or what is Contitutional speedy trial violation. Sorry to keep adding but have no confidence in this attorney what so ever.
Criminal Defense Attorney
Possibly. I know you want a more specific answer but here is why I am somewhat vague. The fact that you went through all those attorneys may not be reason enough. However, your circumstances are a little unusual. You probably don't have a state speedy trial motion but it sounds like you might have enough for a Constitutional speedy trial violation. You should talk this over with your attorney to see if this is possible.
Criminal Defense Attorney
A violation of your constitutional speedy trial rights is a tough road to haul, as you might expect, but your special circumstances may help. The problem with any speedy trial motion to dismiss involves the fact that a defendant may have, at some point, "waived" speedy trial rights. You'll have to go back and review the reasons why your case has been delayed so long, and why charges were filed recently....
I don't agree with you that your attorney must be wrong about this constitutional speedy issue, because constitutional speedy is an extremely difficult dismissal. But, a second opinion never hurts, so I suggest you contact several local defense attorneys, asking them if they've ever filed such a motion (I have, but many have not...). Of those who have filed a constitutional speedy motion, ask them their fee to simply review your case regarding such a motion--a review of this type may only cost $500-$750, and does not require the attorney to file a notice of appearance on your behalf. It's just a second opinion. You should have copies ready of all the courthouse file paperwork, as well as discovery copies, to give to said attorney for review (if you make them go and get it, this may cost you extra, and will certainly delay the process).