I've been doing criminal law practice a long, long time (since 1986), and I would not want to answer this question as far as any particular case without reviewing the court's file to see all the details of what has happened. The details matter.
Two important general rules are that so long as a case is not dismissed, it remains active, and that a defendant is entitled to a speedy trial.
A couple of twists to those rules...
If the defendant runs off instead of staying around to demand a speedy trial, the chances of getting a case dismissed for a violation of the right to speedy trial drop like a stone to very low.
If the state does not put out a warrant, the state damages its argument that it did not damage the defendant's right to a speedy trial.
Without going into all the technical details, the trial court then has to strike a balance using the rules for doing that provided by appeals court decisions in the past.
If this is a real case you are talking about, I would suggest a consultation with a reputable criminal defense lawyer in the area where it is pending.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
BEST ANSWER I got.... and I HOPE I WAS HELPFUL!! Steve Hamer answers questions on Avvo for general information and not as legal advice. Those answers do not establish an attorney/client relationship. If you would like my help, contact Mr. Hamer at (214) 843-1529 for a FREE CONSULTATION.
I agree with the prior posting. "Wow" this looks like a first that I've seen. A criminal case is pending. You need to contact a local attorney. They could determine out what is actually going on. But it looks like it may have fallen through the cracks so to speak.
Please remember that this response was made generally to a general question posted on a web site. The advice was provided free of charge and is intended to provide guidance and encouragement for you to seek a practitioner in your local area. If you needed this assistance, that should show that the area of law you are researching is deep subject and open to possible multiple interpretations. Please go talk to a local attorney.