Criminal Law Questions? Ask a Criminal Lawyer.
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 aperson in custody in a penal or correctional institution. It requires that a detainer hasbeen lodged for an untried indictment, information or complaint, requires the defendantto serve written notice on the prosecuting officer and the court, and requires trial within180 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 thoughcase 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.
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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
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