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Is there a statue of limitations as to how long after arrest and indictment that a person must be tried on felony charges?

Atlanta, GA |

If I was arrested in 2008 and indicted in 2009 what can be done to force the State to either end my case by dismissing or force a trial?

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Attorney answers 3

Best Answer
Posted

Talk to your lawyer about whether it is in your best interest, which it is probably not, to file a Constitutional Speedy Trial demand.

Asker

Posted

We filed that over a year ago.

Noah Howard Pines

Noah Howard Pines

Posted

Has there been a hearing on that motion? What is your lawyer telling you about it?

Asker

Posted

No hearing Judge refuses to give us time on a calendar. Six months ago we were allotted one hour for motions which ended up to be less than 15 minutes. All motions filed had to be discussed then mt Motion to dismiss was started and 15 minutes later Judge called time.

Posted

You can file a motion for speedy trial. A speedy trial motion tells the court that you are requesting your right to a speedy trial, which is essentially a trial without delay, and to effectuate the timely resolution on the case.

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Posted

Speak to your lawyer about filing a motion to dismiss based on a violation of your constitutional right to a speedy trial.

Asker

Posted

My lawyer has done just that. How do you force the motion to be heard?

Benjamin David Goldberg

Benjamin David Goldberg

Posted

Your lawyer should be able to get this on a calendar. Maybe he/she doesn't think arguing this motion is in your best interest. Ask him/her about this.