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?
Country relating to Question: United States
State (if USA): Wyoming
I have a limited library and online searches are hard to come by actual case law
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.
PLEASE USE THE REPLY BUTTON IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON EVEN IF THE FEEDBACK SAYS NEED MORE OR HELPED A LITTLE, THIS IS NOT HOW TO GET MORE INFORMATION.
PLEASE CLICK ON “OK,” “GOOD” or “GREAT” SERVICE
I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted to use the REPLY button and we are happy to continue working with you to get you all of the information you require.
Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I was able to explain your concern to your satisfaction.
Please click the top THREE POSITIVE FACES so that we can get good feedback for working with you.
If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.
Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.
PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.
There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.
You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).