Motion to invoke right to speedy trial when not indicted?
3 attorney answers
She has a way to go before it becomes a speedy trial issue. She may be entitled to a PR bond if she is not indicted after 90 days. She should have been appointed an attorney if she stated she could not afford one. Check with the District Clerk to see if she has a court appointed attorney. If not she will need to follow up her request with court administration.
My colleague is right. Case law would not support a speedy trial dismissal at this point. After 90 days, if she is not indicted, she or her attorney can file a writ of habeas asking for a PR bond, which is will be entitled to if there are no other pending charges holding her in custody.
In this instance, it may be worth it to spend the money to bring these issues to the State's attention immediately. They are probably unaware that the complainant is her husband, which would have made the vehicle community property (most likely). Call around and see if you can find someone that will help her out for a reasonable price. Or, contact the District Clerk and find out if she has a court appointed attorney yet.
Something can be done to get the charges dropped before indictment if the State agrees.
This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with a criminal defense attorney.
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