I know something’s are excludable from a rule 600 calculations, like any delays by the defendant, no showing of the defendant and any continuance by the defense attorney or waivers of rule 600. However are there more examples of situations which are excludable from a rule 600? Also if it’s proven that it’s been over 365 days and all that time counts against the state, are the charges automatically dismissed?
The idea of excludable time is often quite broad. Technically, it is delays by defendants. However, Judges tend to find many things that are chargeable to the defendant. Each reason for a continuance must be looked at on a case by case basis.
There is also excusable time, which considers delays caused by the court's scheduling.
They are not automatically dismissed and you must file a motion. I would suggest that you have an attorney do it for you.
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