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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32914
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I recieved a ticket in july for fireworks, I went to court

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I recieved a ticket in july for fireworks, I went to court on the date given, and was told that no charges had been filed. I was told to call after 2:00 pm the same day to see if charges would be filed. To my surprise, nothing was filed and the court clerk said I was free to go. Today I received a notice ( almost 40 days later) stating that I was to appear in december. Is this legal? Has my right to a speedy trial been violated? I am willing to get an attorney if necessary.
No, your right to a speedy trial doesn't start until you are charged. It is legal for them to file charges anytime within the statute of limitations, which is going to be at least a year from when the "crime" was committed, and usually much longer.

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