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Waiting three years for trial

Asked 3 months ago - Pleasantville, NY

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I received a traffic ticket three years ago and have been waiting for trial. I finally was sent notification. Can I ask for a dismissal?

Attorney answers (7)

  1. Contributor Level 20

    8

    Lawyers agree

    Answered March 18, 2013 11:18. Yes. You have a constitutional right to a speedy trial. The cases say that after 2 years the prosecution must explain the delay. However, most Judges require the moton to be made in writing and filed and served before the court date. If this is a defense you want to mount I suggest you retain a criminal defense lawyer.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  2. Contributor Level 16

    8

    Lawyers agree

    Answered March 18, 2013 11:45. for sure

  3. Contributor Level 14

    8

    Lawyers agree

    Answered March 18, 2013 11:55. It is your right to ask. Does not mean the answer will be "yes".

  4. Pro

    Contributor Level 14

    7

    Lawyers agree

    Answered March 18, 2013 11:34. Yes, but it likely has to be done by way of a written motion filed before trial.

    Atty: 845-704-7777. This answer is provided for informational purposes only and does not constitute legal advice.... more
  5. Pro

    Contributor Level 17

    7

    Lawyers agree

    Answered March 18, 2013 11:37. Absolutely.

  6. Pro

    Contributor Level 13

    7

    Lawyers agree

    Answered March 18, 2013 11:43. Motion is dismiss.
    If they don't take your motion say you want a attorney and do not continue the trial.
    Which court was this?

    This is not legal advice. If order to give you legal advice i would need to see the Tickets and talk to the court... more
  7. Pro

    Contributor Level 20

    Answered March 24, 2013 12:55. Get an attorney and file a Serna Motion!

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