My name is ***** ***** I am an experienced criminal
Once a criminal case has been filed with the court
, the statute of limitations no longer applies. However, the state cannot take forever in order to be ready for trial
on your case. You have a right under both your state and Federal constitutions to a speedy trial
Speedy trial law is very complex. The court won't look at how long the case has been pending but at a four-part balancing test proposed by the Supreme Court:
1) the length of the delay
2) the reasons for the delay
3) the assertion of speedy trial rights
4) any prejudice to the defendant due to the delay.
Cases can take more than a year to ripen before you'll get your trial and still not be dismissable on speedy trial grounds. But if/when you feel that the prosecution has been stalling for an unreasonable length of time, you need to discuss your speedy trial rights with your attorney. He could tell you whether or not a motion to dismiss on speedy trial grounds would be entertained at that point. If so, he ought to make such a motion.
If not, however, I will tell you that rushing into a felony trial too quickly would generally be a disaster. Delay is almost always a friend to the defense.