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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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How can a criminal go on without resolution? I was arrested

Customer Question

How long can a criminal go on without resolution? I was arrested January 17th 2013 on 13 counts of theft by conversion and indicted 11 months later.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Peter Griesch replied 11 months ago.

Unfortunately, there is no set date that the process must be completely. An accused is entitled to be arraigned with a certain period of time, but beyond that, things sometimes move at a snail's pace.

If you believe that the prosecution is intentionally delaying the proceedings, your attorney can raise a speedy trial motion, though those aren't often granted post arraignment except for very egregious delays.

Also, serious crimes and numerous counts significantly slow the process.

The lead case on speedy trial is Barker v. Wingo, 407 U.S. 514 (1972). Essentially, the court stated that there is no hard and fast rule when a defendant must be tried. The determination whether a defendant's right to a speedy trial is based on the facts and circumstances of the particular case. This makes dismissing a case for speedy trial violations very difficult.

Expert:  Peter Griesch replied 11 months ago.

If you have any further questions, I'd be happy to assist.

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