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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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My son was arrested in Chattanooga, TN, on 2/15/13 for DUI

Customer Question

My son was arrested in Chattanooga, TN, on 2/15/13 for DUI and bond was set at $75,000. He had a court date on 2/22/13 and a 2nd court date on 3/14/13, which I attended. He and his court appointed lawyer decided to plead not guilty and he got a continuance. His 3rd court date is scheduled for 6/6/13. The judge said he is expecting the blood test result to be back around the end of May and scheduled the 3rd court date so that the blood test result can be used. My son had to pay $7,500 and wear a monitoring device, which has a separate monthly fee, to make bail. He doesn't have $7,500 plus $275/month for monitoring; therefore, he is still incarcerated awaiting his 3rd court date. Is it normal for blood test result to take 3 months? Is everyone entitled to a speedy trial in the USA? Is this considered a speedy trial?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I am sorry to hear about the situation with your son and truly understand your concern as a parent. Every defendant is entitled and does have a right to a speedy trial but it must be requested. His attorney would have to make a demand for a speedy trial. If a continuance was requested, the Judge likely asked that his right be waived. If that happened, he would now have to go through the normal court process and wait for the case to go to trial or be resolved with a plea. However, I know your concern is also that he is sitting in jail. If he has a court appointed lawyer and does not have the money to post the bond and bail himself out along with may the monitoring fee, then his attorney can always file a motion and ask for the Judge to reduce the bond amount and/or modify the conditions of his release, reducing or waiving the monitoring charge. If this was done, he may be able to be released and not have to wait in jail, for this to be resolved. There is no exact time line, as to why the blood results should be returned but it would appear that the Judge set the new court date so far out, so once they are known, his attorney can look over all the facts of the case, see if he has any legal defenses or motion to file and can do so before the hearing in June, so the case can move forward.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16443
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 7 other Legal Specialists are ready to help you
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

My son said he wasn't intoxicated and there is a good chance that the blood alcohol test will come back negative. If that happens, what actions can my son take to be compensated for losing his job and for sitting in jail for almost 4 months?

Expert:  LegalKnowledge replied 1 year ago.
Is there are no signs of drugs or alcohol in his system that State will likely drop the case against him. There is a bond set on him so he can get out at any time and as I said above if the amount is excessive a motion can be made to reduce it. He likely will not be able to sue to be compensated for this and the police are often immune in situations like this unless it cam be shown he was targeted and the police action was deliberate and there was no basis what so ever to arrest in the first place

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