What happens after 150 days (speedy trial) if nothing new has come up or has been found?

Asked 12 months ago - Park, KS

My boyfriend is currently in jail for possession of a dangerous drug. Being that he was a passenger in the car and was "nervous" the state says they will attempt to use that as evidence. He was not driving, nor did they find anything on him. The state says they are still waiting fingerprints (still, after two months). The judge ordered one last pretrial conference. Since my bf's lawyer motioned for a speedy trial, he says they state has a right to drag it out the 150 days. What will happen after the 150 days if there is no progress on the state's end? The judge seemed annoyed that the state was not prepared with hard evidence besides him being in the car. What might happen at this pretrial conference if nothing is "ready"?

Attorney answers (3)

  1. Patrick Michael Lewis

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Somebody has their information wrong somewhere. Statutory speedy trial in Kansas is either 90 days, if a person is in custody solely on this case, and 180 days otherwise. If the limit is exceeded a defense attorney should file a motion to dismiss for violation of the statute. Have him talk with his lawyer to straighten out his understanding of the situation.

    Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. www.TheKansasDefender.com This... more
  2. Stephen T. Novick

    Contributor Level 6

    1

    Lawyer agrees

    Answered . The information here is to vague and general to give a specific answer. In my experience, the nature of the charges play into this issue (not necessarily from a statutory perspective). The more serious the charge, the more leeway the judge gives the government. It shouldn’t necessarily be this way. However, that can often be the reality. Good luck!

  3. Kevin S. Vander Werff

    Pro

    Contributor Level 11

    Answered . Ask a KS attorney to assert the right to a speedy trial in the case, if that has not already been done. Keep in mind that part of negotiating a criminal case sometimes requires some give and take on both sides of the table. But you certainly want an attorney that will get aggressive, when needed.

    There are many facts that are unknown in this situation.

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