I have had approximately 70+ court appearances over the last 79 months that my case has dragged on. I am on my 3rd DA and I previously asked to have my right to a speedy trial before the virus, but the new DA needed time to learn the case. Also, my lawyer has had to cancel my trial at least 10 times due to having other clients with trials. Are my rights being violated? Can I insist on my right to a speedy trial? The length of time this has dragged on has already made it much harder to defend myself properly (as many potential witnesses either forget or don't want to be bothered after so many years).
You've got a lawyer. You should be directing your queries about your case to them, not to complete strangers on Avvo.
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This case couldn't have dragged on for 79 months without your participation by repeated time waivers. If you want to force a trial the next time you go to court refuse to waive time - that will get you a trial in short order!
Multiple continuances by the District Attorney's Office can be a basis for a claim that a defendant's Sixth Amendment speedy trial right has been violated. Such a claim is likely to fail, however, if a defendant's lawyer (with the defendant's consent) has agreed to the continuances and/or requested continuances of her own. As Mr. Horner indicates, defendants can withdraw time waivers and insist that their trials be held within the statutory framework.
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