Join the 9 million people who found a smarter way to get Expert help

Recent Speedy Trial questions

Michigan State, dating back to 2014 was arrested but never

JA: What state was the citation in? And have you consulted a local attorney?Customer: Michigan State, dating back to 2014 was arrested but never charged for a dui....no action was ever taken. I was given a paper lisence which I still have and just renewedJA: Do you need to appear in court?Customer: No not at this timeJA: Anything else you want the lawyer to know before I connect you?Customer: No

Read more

Colleen Grady

Assistant Principal

Juris Doctor

1,114 satisfied customers
I was involved in a hit and run accident in New York, in

Hi, I was involved in a hit and run accident in New York, in which my car was totaled and I got the license plate of the person who hit me. The police found him and arrested him. He went before a judge and was ror...The ADA called me and explained what they would charge him with. I have a lawyer as well to sue him in a civil case. I would like to know how often these types of cases go to court and the victim must testify? Is it often that these cases might be settled out of court and what would make that possible? The ADA also said they would be charging the young man that totaled my car with Disorderly conduct, possibly a fine and/or community service and a driving course...why would they charge him with such a small offense? Is it in an effort to keep away from having to go to trial?JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Queens, New York on March 3, 2017 at 8:20 amJA: Has anything been filed or reported?Customer: yes, I filed a police report, the detective assigned to the case found and arrested the young man who hit meJA: Anything else you want the lawyer to know before I connect you?Customer: not that I can think of

Read more

Brandon M.

Attorney at Law

Juris Doctorate

8,626 satisfied customers
J**, a Haitian national now living in Haiti, has had an

J**, a Haitian national now living in Haiti , has had an outstanding warrant since 1983, founded in drug charges, in Nassau County, New York. In seeking to vacate the warrant and resolve the criminal matter, J**'* lawyer is offered the following resolution by the DA: a plea to a lesser charge, a sentencing of 60 days, and a civil judgment not to exceed $39,000. On October 28, 2016, pursuant to his self-extradition, Joe duly surrenders himself with warrant in hand, to the DEA at the American consulate in Haiti, is processed, and told to wait until he is contacted for arrangements for his departure to New York. The Nassau DA is apprised by J*** lawyer of J*** surrender, and 2 months later the lawyer asks the DA for the status of Joe's extradtion. The DA states it does not know what the delay is. QUESTION: On April 28, 2017, 6 months subsequent to the date that J** surrendered himself to the authorities, may J** move to dismiss based NY CPL 30.30, for the People's failure to execute on the warrant for over 6 months?

Read more

Zoey_ JD

Doctoral Degree

34,386 satisfied customers
I was arrested for a 2nd degree felony accused of theft in

I was arrested for a 2nd degree felony accused of theft in October 2015..... I'm aware that I have the right to a speedy trial.My lawyers have been using pass slips for every court day since we are still waiting on full discovery and to obtain specific documents my lawyers requested from the prosecutor. My case has been through 3 District Attorneys, 3 prosecutors, and 2 judges (I assume that is the hold up on giving my lawyers whats needed).SINCE it's my lawyers filling out pass slips waiting for the state to produce records would my case be in violation of the right to a speedy and fair trial?My lawyers tell me that the longer it takes the better it is for me. For example this case is regarding my bank account dating back to 2008, the bank cant provide me any information for accounts that are older than 7 yearsALSO my case started out as a civil case in 2013 (the plaintiff dismissed his own case) that time would NOT be included in the calculation of how long my case has been pending correct?

Read more

Zoey_ JD

Doctoral Degree

34,386 satisfied customers
If it says on e file i havent waived my right to a speedy

If it says on e file i havent waived my right to a speedy trial but i think i might have on a document which would be considered correctJA: Because laws vary from place to place, can you tell me what state this is in?Customer: IowaJA: Have you talked to a lawyer yet?Customer: No he hasnt called me backJA: Anything else you want the lawyer to know before I connect you?Customer: No

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,710 satisfied customers
Trying to find information for a girlfriend. Her son was

Trying to find information for a girlfriend. Her son was arrested on rape charges (brought by the girl's mother). How long can he be held in jail before a trial date is set or the trial begins. He has been in jail a year and still has no trial date.JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: Sorry, happened in Georgia and was in May of 2016.JA: Has anything been filed or reported?Customer: Yes, the boy was arrested on a rape charge.JA: Anything else you want the lawyer to know before I connect you?Customer: Not that I can think of.

Read more

Zoey_ JD

Doctoral Degree

34,386 satisfied customers
This question relates to a criminal case. Can the court

This question relates to a criminal case. Can the court force a defendant to sign their rights away (Constitutional Waiver) after 45 days have come and gone (Violating the Speedy Trial Act, 18 USC §3161(h)(1)(F)]) and continue with the process of convicting? The day of signing was on Day 67. The day of booking was on Day 67. The day of court was on Day 67. The court also allowed for a change in the citation from the officer effectively changing the citation by adding one more charge without notifying the defendant. My focus is on the signing of the waiver, is there any statute or case to look upon with this type of misconduct? Please do not ask or imply past agreements or such, there are none. Thank you.

Read more

TexCrimLawyer, J.D.

Lawyer

Doctoral Degree

7,604 satisfied customers
My son is incarcerated in a NJ county jail for 4 months. He

My son is incarcerated in a NJ county jail for 4 months. He is charged with 2C:395c1 and 2C:397b1 He is a 2 time felon for burglary He has a public defender but has had no court date yet. How long does the state have before they indict himJA: Since laws vary from place to place, what state is this in? And to clarify, can you tell me what paperwork has been filed?Customer: New Jersey No paperwork filed Have not even received discovery yetJA: Have you talked to a lawyer yet?Customer: He cannot afford lawyer so he is going to stick with public defender until charges are officialy filed then seek criminal lawyer How long do they have to do thisJA: Anything else you want the lawyer to know before I connect you?Customer: At the time of arrest they also executed a no knock warrant on my house where he resided for any type of guns or gun paraphanalia. The recovered 3 bags of heroin for personal use and no gun. I do not know what type of evidence they have

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

116,710 satisfied customers
I was trying to educate myself for Texas law. Wondering if

hi, I was trying to educate myself for Texas law. Wondering if there is a time period after indictment in which the trial must occur.JA: Because laws vary from place to place, can you tell me what state this is in?Customer: TexasJA: Have you talked to a lawyer yet?Customer: yes, she has an atty.JA: Anything else you want the lawyer to know before I connect you?Customer: no, I'm sorry. I don't need to bother an atty.

Read more

Zoey_ JD

Doctoral Degree

34,386 satisfied customers
View more criminal law questions
In The News