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In August of 2000 I was in a county jail in Kentucky on a parole

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In August of 2000 I was in a county jail in Kentucky on a parole violation and was temporarily transferred to a policemans custody to be fingerprinted and charged with a new felony.
Since then I was returned to prison and made it to a minimum security prison and worked offsite at the Kentucky Horse Park. In Dec of 2000 I served out my sentence 80 days early due to the govorners early release program.
Now it I have been served with a subpeona for the arraignment of the crime I was charged with in August of 2000.
Is this a violation of my right to a speedy trial.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  xavierjd replied 2 years ago.
Thanks for using Pearl.com. It will be my pleasure to assist you today.

Do you know what the "new felony" is that you were charged with?

Thanks
Customer: replied 2 years ago.
It was forgery 2nd degree
Expert:  xavierjd replied 2 years ago.
Hi Walter,

Thanks for the information.

Kentucky has unusual statute of limitation laws for criminal cases. Unlike most states which specify different time periods for different types of crimes, Kentucky’s laws are very basic: there is no statute of limitations for any felonies.

 

Specifically, Ky. Rev. Stat. Ann. 500.050

Felonies: no statute of limitations

Any offense other than felony: within 1 year after it is committed

Misdemeanor when the victim is under 18: within 5 years after the victim turns 18

 

Usually, only after you have been formally charged with a crime can you assert your right to a speedy trial. However in your case, if the state knew it was going to bring charges against you, it most likely should have done so while you were in custody. But, there is no real requirement to do so.

 

KRS 500.110 provides for a statutory right to a speedy trial and U.S. CONST. amend. VI and Ky. CONST. Sec. 11 provides the constitutional right to a speedy trial.

 

While the basic rights secured by the statute and the constitutions are essentially the same, different grounds and case law apply to each. See Dunaway v. Commonwealth, 60 S.W.3d 563, 565-69 (Ky. 2001)

 

KRS 500.110,6 setting out the statutory right to a speedy trial, applies to a
person in custody in a penal or correctional institution. It requires that a detainer has
been lodged for an untried indictment, information or complaint, requires the defendant
to serve written notice on the prosecuting officer and the court, and requires trial within
180 days after such notice. The procedural requirements and remedy are purely statutory. (recognizing distinct speedy trial protections provided by constitution and by statute).

 

By contrast, the constitutional right to a speedy trial, as developed though
case law, does not require that a person seeking a speedy trial be in custody, that written notice be provided, or that a trial occur within a specified time period. See Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972); Tamme v. Commonwealth, 973 S.W.2d 13 (Ky. 1998). Rather, in analyzing a speedy trial claim, the court first looks to the length of the delay to determine whether the delay was “presumptively prejudicial.” 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 117.

 

“[T]he length of delay that will provoke such an inquiry is necessarily dependent upon the peculiar circumstances of the case[,]” 407 U.S. at 530-31, 92 S.Ct. at 2192, 33 L.Ed.2d at 117, including the nature of the charges and length of the delay. Dunaway, 60 S.W.3d at 569.

 

Next, the court proceeds to consider the three remaining factors in balancing a defendant’s speedy trial claim: (1) the reasons for the delay, (2) whether and how the defendant asserted his speedy trial right, and (3) the amount of prejudice suffered by the defendant. Barker, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d at 117.

 

Therefore, pursuant to the Kentucky Statutes, your right to a speedy trial have NOT been violated.

 

With respect to your Constitutional right to a speedy trial, whether or not your right has been violated is VERY FACT SPECIFIC.

 

Because of the state of the law in Kentucky, you may wish to contact an attorney who specializes in criminal law. Sometimes, an initial consultation is free or at a minimal charge. You can discuss the specific facts of your case, evaluate your options and decide how to proceed. The attorney may believe that you can file a motion to dismiss based on your specific facts.

 

I wish that I could have provided you with a more favorable answer, but the law is clear with respect to the lack of a statute of limitations for a felony in Kentucky. The speedy trial issue may or may not apply. That is why an attorney should be consulted.

 

 

I hope you found this information useful.

If you wish to continue this conversation, click on the "Continue Conversation." If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, please reply to me using theREPLY” or “CONTINUE CONVERSATION” button. If you specify what additional information you need, I will be happy to continue further and do everything I can to provide you with the service that you seek.

 

 

Customer: replied 2 years ago.

I did not file for a speedy trial because while in custody if there is a pending felony charge no inmate would be allowed to go to a minimum security facility like Blackburn Correctional Center, and a charge is placed on an inmate while they are at the facility they would not be allowed off of the grounds if not outright transferred for security concerns.
Also when released from custody if there was a pending charge the person is released into the jurisdiction that has the pending charge. So considering all of the above I do not believe any logical person would think there was any charge to request a speedy trial for. Also remember I was charged with the crime in 2000, but am now only am being arraigned, even though the state has known my location for the past 12 years

Expert:  xavierjd replied 2 years ago.
Hi,

I appreciate your comments and they are logical. HOWEVER, the forgery charge may NOT have been pending while you were in custody. And, because there is no statute of limitations for felony charges, the prosecutor decided to bring the forgery charge even though it's 12 years old. Kentucky is one of (if not the only) state that has no statute of limitations on crimes. In some states, felony charges must be brought within 6 years of when they allegedly happened, in other states 4 years, in others, 10 years, etc. But NOT Kentucky! It's wild!

If the felony charge was pending and somehow "fell though the cracks," you may have a constitutional challenge to your right to a speedy trial. Again, the constitutional challenge is VERY fact specific. You really need to take all of your paperwork (incarceration dates, pending charges, transfers, etc) to a criminal lawyer. You can go over all of the documents and decide if a Motion to Dismiss is in order.

I hope you found this information useful.

If you wish to continue this conversation, click on the "Continue Conversation." If you are satisfied that I have answered your question, then please rate the answer with a four or a five so that I receive credit for assisting you. Positive ratings are the only way I receive credit for assisting you today.

IF you feel the need to click either "Helped a little" or "I expected more," then do not rate me (not yet, anyway!). Instead, please reply to me using theREPLY” or “CONTINUE CONVERSATION” button. If you specify what additional information you need, I will be happy to continue further and do everything I can to provide you with the service that you seek.

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
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