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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17184
Experience:  Licensed attorney with 28 yrs. exp. in criminal law
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My nephew was arrested on a drug charge about 9 months ago.

Resolved Question:

My nephew was arrested on a drug charge about 9 months ago. Every time he goes to court it gets extended, 3 to 4 times now. Isn't he entitled to a speedy trial? They are waiting to find out if the confiscated drugs were tampered with by the state lab. A person there was arrested for tampering with the evidence. His next date is in December.

Thanks
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information and your question. Your nephew does have a right to request a speedy trial. However, it may be that his attorney has been the one asking for the continuance so that he or she actually has the evidence they need to get him acquitted. Based solely on the information you have provided it sounds as if it is in your nephews best interest to wait for the outcome of the investigation since it may result in a finding that his lab results are invalid and therefore his charges would be dismissed.

In addition, even if the continuances were requested by the State and not the defense, the court (judge) has discretion in granting the continuances. If your nephew has asked for a speedy trial and was denied, then if he is convicted, he could raise that issue on appeal.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 17184
Experience: Licensed attorney with 28 yrs. exp. in criminal law
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