If there hasn't been a delay caused because of the defense, speedy trial has expired. However, the State must be put on notice of the expiration of speedy trial. This is usually done with a motion and the State has 15 days from the filing of that motion to start trial or else the charges will be dismissed. Get an attorney ASAP. This is very technical area.
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This is a complicated issue. If the case has gone past 175 days from arrest and the defendant has not effectively waived his right to a speedy trial through requesting a continuance, he can file a Demand for Speedy Trial. The court must calendar that motion within 5 days and must start the trial wiithin another 10 days. If the trial is not commenced, the Defendant can file a Notice of Expiration of Speedy trial. The court must then determine if speedy trial was not waived and the trial did not begin during that 15 day recapture period. If so, the charges can be dismissed for violation of speedy trial. It is commonplace for continuances to be requested by the defense during the discovery phase of the case which waives the right to a speedy trial. You must speak to the lawyer handling this case to understand all of the parts of the equation.
If speedy trial has not already been waived by your attorney, there might be something that can be done about your concerns. The best thing to do is ask your own attorney. That person knows the facts, and we do not.
R. Jason de Groot, Esq.,
Ms. Palmieri's analysis is excellent. The critical issue is whether you've ever waived speedy trial by requesting a continuance of your case that was not attributed to the State or done something to cause it to be waived, such as failing to appear for court. Speak with your lawyer about this issue & your options.
Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so.
No, it's not a demand for speedy trial, that time has come and gone. If you are truly past day 175 (from the date of arrest), and there has been no continuances by the Defense, and/or you have not absented yourself from the jurisdiction, you must file a Notice of Expiration. That is the appropriate remedy. Please make sure to hire an attorney that practices primarily in this area to ensure that your rights are protected and litigated correctly.
I concur thoroughly with Ms. Palmieri's answer, with the following caveat: The appropriate motion to file would be a Notice of Expiration of Time for Speedy Trial. Other than that, the analysis is excellent! Again, best advice in this scenario: Speak with your attorney IMMEDIATELY! This is a matter that must be handled with precision according to the rules of criminal procedure.
Best of luck!
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I agree with the answers provided above except to include that after the 15 day recapture period, your attorney must file a Notice of Discharge as well. But please contact an attorney as this is a tricky area of law that requires a careful analysis of the prior docket history of the case.