In order to make a motion to dismiss for a speedy trial violation, you (or your attorney) have to assert your right to a speedy trial. When a judge considers this kind of motion, keep in mind that he or she will consider whether or not you or your attorney have requested any continuances in the past 2+ years and whether or not you or your attorney have asserted the right to a speedy trial previously. Given that your trial setting is about 2 months away, I am not sure that you are entitled (or will get) a trial setting any earlier than that (since it is a reasonable amount of time from a motion for speedy trial filed now), but it would at least help you out if the State attempted to request another continuance at the February setting.
This is a question you should discuss with your current attorney in more detail.
Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.
I agree with Mr. Walcutt. To get any relief in a speedy trial situation, the defendant must assert their right to a speedy trial. If you have requested continuances in the past, this will not help your argument. If the State has continually requested the resets, a speedy trial motion may be proper. This would help greatly if the State were to request another reset.
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