Speedy trial grounds for dismissal?

Asked about 2 years ago - Sacramento, CA

have been incarcerated on a previous conviction for violation of my parole which has resulted from my current pending charges, i have been in the prison system now for two years, urging the state to resolve the pending charges against me, i was told two years ago when i was arrested by my lawyer that i could not file any demands for a resolution of the charges until i was indicted, i just found out this is wrong and that my constitutional rights were in fact violated by the state waiting two years to finally now indict me on these charges, what options do i have as far as getting these charges dismissed on the fact that the state waited two years on these charges and i have obviously been prejudicedn by my two year incarceration.

Attorney answers (4)

  1. Michael James Kennedy

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . If you are actually committed to prison now and have a pending charge outside, go to your prison counselor and file a 1381 demand.

  2. Mitchell Scott Sexner

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . You cant file a speedy trial demand unless there are charges pending. Based on that your lawyer was right. If they waited to long to indict, that is subject to a motion to dismiss.

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  3. Elliot Rahmim Zarabi

    Pro

    Contributor Level 18

    Answered . You may have grounds for speedy right violation, but way information is needed.

    Elliot Zarabi
    www.FreeCriminalConsultation.com
    213-612-7720

  4. Gilberto Benito Vega

    Contributor Level 13

    Answered . One more tidbit might help you understand better. Speedy trial rights only start to run when you are arraigned in court Sacramento, like many other courts, sometimes allow for what is called "further arraignment". If you have never entered a plea, then the speedy trial statutory scheme has not yet started. I suspect this is what occurred to show a two year gap. You need to get a hold of your previous attorney to ask what exactly occurred the first time this case was set for arraignment. Good luck.

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