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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 26377
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was arrested about 4 years ago crime and have yet to be

Customer Question

I was arrested about 4 years ago for a crime and have yet to be allowed to go to trial. I went on record over two years ago demanding a trial. I was at that time ordered to be my owe lawyer. The judge put this demand on record but told me that the court was busy. My wife at the time was starting to undergo cancer treatment and needed to go thru the treatment while my case continued with no trial. My wife has left me now due to the stress caused by this case. In December we were to pick a jury but the judge again put the case off because the court was busy. I have had about 6 judges all who have allowed this case to be put off. The day before the December date, my 87 year old mother had a stroke which the doctor said was caused by stress. Is this legal???? Don't I have the right to a speedy trial???
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. Did you ever waive that right? Did you ever request on your own a continuance in the matter? Has the state announced that they were ready for trial as well?

Customer: replied 1 year ago.
The state has said it was ready for trial but it has been putting it off by saying it needed to call in out for state witnesses. This has been going on for over a year. I put off this trial once for one week for one of my wife's operations. That is the only time I have put it off. I have never waived my rights to a speedy trial.
Expert:  LegalKnowledge replied 1 year ago.

Thank you for the additional information A demand would have needed to be made, for a speedy trial. Often times though, it is waived, as a result of the moving party previously asking for a continuance in the matter, for whatever reason and it being granted. Moreover, if the State has been putting this off, it may be a good sign for you, if they need to bring in a witness and can not find them. If this witness is relevant to the case and a key person in proving the charge against you and can not be found, the State may not want to proceed. Also, the court takes cases based upon age. By that, I mean the older cases go first, so even though you announced you were ready, there may even be older cases that need to go prior to yours. At your next appearance, you can ask to special set the trial date, so it is known when it will go and all parties will be ready. This way there is a date and the State knows it has to have their witnesses present and be prepared, along with yourself.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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!