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I have a traffic infraction court case in Wyoming that has

 
PaulMJD's Avatar
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I have a traffic infraction court case in Wyoming that has no trial date set at the current time. I was originally cited on April 16th with an original court date of May 14th. On April 23rd I sent a note to the Wyoming Hwy Patrol Office, which was certified, as well as a copy of the same note to the courts to ensure they knew I wanted some items from the officer and from the Wyoming Highway Patrol. This could have been taken as a request for evidence but I never labelled it that way. So on May 7th the court sysytem sent a letter to me in regards XXXXX XXXXX motion hearing to take place on June 18th. I was fine with this but I went to the court anyway on May 14th to plead not guilty. When I was not on the court docket I went to the clerks office to inquire. They told me that they took my letter as a not guilty plea and have so ordered a motion hearing on discovery and I do not have to be in court today. The next time I go to court is June 18th and I do ask for items that I asked for in my letter under the Wyoming Sunshine law(FOIA basically) and I am told by the judge that I can have some of the items. A representative from the Attorney Generals office of Wyoming is on the phone, to which I knew nothing about, not even a letter stating that thr officer would have representation. (But I guess that is okay) Anyhow, I have been allowed to recieve some items I requested and the judge asks the officer if 10 days would be enough time to produce this. The officer said yes and that was what was that I thought. It is now day 8 and the Wyoming Hwy Patrol has not satisfied all the discovery requirements at this time. Only partial in fact but my questions come now.... I in my letter have never waived time and do not know if it is assumed that I am waiving time for a speedy trial. I was just writing a letter that asks for the information, even going as far as giving my number in case there are any monitary issues before I can recieve the information. I set the letter to the court to let them know I was looking to get information in order to go to trial. Do I have a claim to a speedy trial if I never wrote or said I waived this, Since original ticket on April 16th and now it is June 26th and if not will I have a clainm on discovery was not provided in a timely manner?

 

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Country relating to Question: United States
State (if USA): Wyoming

Already Tried:
I have a limited library and online searches are hard to come by actual case law

Submitted: 328 days and 8 hours ago.
Category: Legal
Value: $25
Status: CLOSED

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Expert:  PaulMJD replied328 days and 8 hours ago.

The right to a speedy trial must be specifically asked for, so if you have not asked for the speedy trial it has never been invoked under the Sixth Amendment. Even if you had invoked your speedy trial right, anytime you make a motion that causes delay, that adds to the time they have to go to trial.

If you have not received the discovery, you need to now file a "Motion to Compel" since it has not been produced in the time ordered by the court to produce the material and the court will have to set another hearing. You have to file the motion to compel if you want to complain later they never provided the information to you despite the court order.


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Answered: 6/27/2012

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