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What happens after 150 days (speedy trial) if nothing new has come up or has been found?

Park, KS |

My boyfriend is currently in jail for possession of a dangerous drug. Being that he was a passenger in the car and was "nervous" the state says they will attempt to use that as evidence. He was not driving, nor did they find anything on him. The state says they are still waiting fingerprints (still, after two months). The judge ordered one last pretrial conference. Since my bf's lawyer motioned for a speedy trial, he says they state has a right to drag it out the 150 days. What will happen after the 150 days if there is no progress on the state's end? The judge seemed annoyed that the state was not prepared with hard evidence besides him being in the car. What might happen at this pretrial conference if nothing is "ready"?

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Attorney answers 3


Somebody has their information wrong somewhere. Statutory speedy trial in Kansas is either 90 days, if a person is in custody solely on this case, and 180 days otherwise. If the limit is exceeded a defense attorney should file a motion to dismiss for violation of the statute. Have him talk with his lawyer to straighten out his understanding of the situation.

Legal disclaimer: Patrick M. Lewis, (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.


The information here is to vague and general to give a specific answer. In my experience, the nature of the charges play into this issue (not necessarily from a statutory perspective). The more serious the charge, the more leeway the judge gives the government. It shouldn’t necessarily be this way. However, that can often be the reality. Good luck!


Ask a KS attorney to assert the right to a speedy trial in the case, if that has not already been done. Keep in mind that part of negotiating a criminal case sometimes requires some give and take on both sides of the table. But you certainly want an attorney that will get aggressive, when needed.

There are many facts that are unknown in this situation.