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Is there a statue of limitations for the court to give a

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trial date from when you...
Is there a statue of limitations for the court to give a trial date from when you were arrested in Alabama for a felony. Specifically "Identity Theft".
Submitted: 7 years ago.Category: Criminal Law
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Answered in 7 minutes by:
8/9/2010
Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago
Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
Experience: Handle criminal matters in both state and federal courts.
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Hi

There is the "180 day rule" for a felony. In Alabama, your speedy trial right is triggered by the issuance of a warrant for your arrest. If you claim that you where denied your right to a speedy trial, the court will use a balancing test to evaluate your claim. The court will weigh your conduct as well as the prosecution's conduct.

Factors are considered in determining whether there has been a denial of a speedy trial in Alabama. They are Length of the delay, Reason for the delay, Your assertion of the right, Prejudice to you

The defendant must file a Motion for a speedy trial. If that is not filed, then a court does not assume you want to exercise that right. So have your attorney file it as soon as possible

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Customer reply replied 7 years ago
What if no motion has been sent in for a speedy trial but I have requested my attorney to do this several times thoughout a 2 month period. It has been over a year since my arrest and bond.
Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

You need to have the Motion filed before you can request a dismissal for lack of the same. So, you need to tell your attorney, either it gets filed or you are going to dismiss him and file a complaint with the Bar Association for not following an earlier directive.

Put it in writing this time and mail it certified with return receipt requested, so you can then have proof that you have made the request of your attorney

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Customer reply replied 7 years ago
Understood......Last Question: After my attorney files this motion then the 180 days starts from there?
Criminal Lawyer: Samuel II, Attorney at Law replied 7 years ago

Hi

Yes. That is correct.

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27,011
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