Skip to main content

Speedy trial grounds for dismissal?

Sacramento, CA |

have been incarcerated on a previous conviction for violation of my parole which has resulted from my current pending charges, i have been in the prison system now for two years, urging the state to resolve the pending charges against me, i was told two years ago when i was arrested by my lawyer that i could not file any demands for a resolution of the charges until i was indicted, i just found out this is wrong and that my constitutional rights were in fact violated by the state waiting two years to finally now indict me on these charges, what options do i have as far as getting these charges dismissed on the fact that the state waited two years on these charges and i have obviously been prejudicedn by my two year incarceration.

+ Read More

Attorney answers 4


You may have grounds for speedy right violation, but way information is needed.

Elliot Zarabi


You cant file a speedy trial demand unless there are charges pending. Based on that your lawyer was right. If they waited to long to indict, that is subject to a motion to dismiss.

Answers presented on this website are intended only for informational purposes and any use of the contained material is at the users own risk. Answers are intended exclusively as a public resource for general information, and this information is intended, but is not promised or guaranteed to be, correct, up-to-date, or complete. This material is not intended to constitute legal advice, as an agreement to create an attorney-client relationship with the law offices of Mitchell S. Sexner & Associates LLC, or the provision of legal services, and receipt of this information does not constitute such an agreement. If legal or other specific expert advice is required, then the services of a competent professional should be sought.O


If you are actually committed to prison now and have a pending charge outside, go to your prison counselor and file a 1381 demand.


One more tidbit might help you understand better. Speedy trial rights only start to run when you are arraigned in court Sacramento, like many other courts, sometimes allow for what is called "further arraignment". If you have never entered a plea, then the speedy trial statutory scheme has not yet started. I suspect this is what occurred to show a two year gap. You need to get a hold of your previous attorney to ask what exactly occurred the first time this case was set for arraignment. Good luck.

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer