I was arrested in South Carolina about 15 months ago. I sat in jail for 2 months waiting to have bail set, I then posted bail and was allowed to return home out of state. In my home state the prosecution only has 365 days to get you to trial or all charges must be dismissed for violating your speedy trial rights. I am told by my lawyer South Carolina has no speedy trial rights, that the prosecution can take years to bring you to trial? This can't be true can it? And if not, how long is considered excessive? I feel 15 months is more than enough time to get their ducks in a row if they wanted to move forward with a trial. The reason for the delay I am told, is they dont have enough evidence to move forward with a trial, they only had enough probable cause for an arrest warrant and were hoping I'd just plead guilty. So for now I'm stuck in limbo, I am paying a gps monitoring fee of $400 a month, have travel restrictions, and having an open case is hindering my employment eligibility. I am anxious to get this case closed but my lawyer says it could be years with no resolution. Does anyone know anything about this, or a time frame where they must dismiss based on the delay??
Your criminal attorney can file a motion for speedy trial. South Carolina looks at 4 factors when judging if something should be dismissed for not being tried quickly. They are:
(1) the length of the delay, (2) the government's reason for the delay, (3) the defendant's assertion of his right to a speedy trial, and (4) prejudice to the defendant.
Having said that, 15 months is not really that long in certain Courts. However, I would make sure to ask your attorney to verify that they filed the motion for a speedy trial.
The above information is given for reference or informational purposes only and should not be relied upon as legal advice nor does it represent an attorney/client relationship.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline