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I need to file a motion for violation of fast and speedy trial.

can I get a sample...
I need to file a motion for violation of fast and speedy trial. can I get a sample of paper work?
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Answered in 1 minute by:
8/23/2013
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,686
Experience: Over 10 years of criminal defense practice.
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My name isXXXXX have been a licensed attorney for over ten years and will be assisting you today.

So that I can best assist you, in what way does your brother believe his right to a speedy trial was violated?
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Customer reply replied 4 years ago


he request (his attorney requested) or filed for fast and speedy trial 2 years ago. the trial has taken 2 years

There are a variety of reasons for delay, some of which are valid. What is the reason (or reasons) it has been ongoing for two years?
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Customer reply replied 4 years ago

he was tried for driving without a license. on the basis of one person who claims they saw him driving. (I was the one driving. we look alike) they were not able to get the witness to come to court. despite supeonas. it took 2 years to find the witness. he was convicted and is facing 10 years. (felony driving under rev) its a long story but the PDs office will not help (whole nother story) and he cannot afford an attorney

That certainly sounds like a valid motion to dismiss on speedy trial grounds. There is no "form" for such a thing because it requires to case law and the facts of every case are different.

I would suggest he provide this resource to his public defender

http://www.illinois.gov/osad/Publications/DigestbyChapter/CH%2047%20Speedy%20Trial.pdf

and ask them to file the Motion to Dismiss. That way they don't really have any real "work" to do to get it drafted and filed. If that still does not work, you can get a generic one like here

http://www.uslegalforms.com/us/US-01900BG.htm

and use the Illinois I provided in the first link in it.

If you have more questions please feel free to ask. I'll be happy to answer them. If you do not, please do remember to rate my service in assistance to you today.

Thanks!
Nate

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Customer reply replied 4 years ago


motion to dismiss? after he;s already been convicted?. I just need to be sure because he's doing this pro se and we don't want to make any mistakes..... His PD is no help. he wont return any calls from me or my brother. his exact words were. "your brothers going to prison, let it go, and don't bother me again"

I need some more information now, because it may be too late to bring up any speedy trial issues. When was he convicted and of what?
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Customer reply replied 4 years ago


driving under revocation about 2 months ago. he goes in for sentencing the 20th of next month. we have all kinds of reasons for appealing the case but once again, no help from PD and cannot afford attorney.

The reason the public defender is not doing it is because the judge would yell at him for it because it's no longer an appropriate motion. It would have been appropriate prior to conviction. Since no motion to dismiss was filed on speedy trial grounds, that issue is considered waived for appeal. There may be other issues for appeal, but that's not going to be one of them.

Right now the focus should be on sentencing and getting the best sentence he can. The family should make sure they are available as character witnesses for your brother at the sentencing hearing. After that it would be time to perhaps focus on the appeal.
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Customer reply replied 4 years ago


but he is innocent. his PD would not even put me on the stand. the ONLY testimony give was from a woman who said she saw him driving. it was purely "he said she said" there has got to be a way to appeal this. and the reason the PD never filed it prior to conviction (depite my brothers pleas) is because he literally told my brother to "shut up and let me do my job. im the professional here" he also told my brother "I know your guilty so just take your medicine" in two years his PD never even called me to ask me anything. and when I called he never returned my calls and when I tried to talk to him in the hallways of the court house he would always tell me to just call his office. or to quit bothering him

That's for the appeal. He's already convicted so you cannot argue any of that right now. You'll have to wait until after sentencing and the appeal to file what is called a "post conviction petition" alleging that his lawyer was ineffective. The form and information about that process is here

http://www.illinoisprisontalk.org/pdf/PostConvictionInformationSheet.pdf

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Customer reply replied 4 years ago


the only other question I have then is


the reason they're pushing for ten years I belive is because they claim he had prior convictions of drivin while rev. the only prior they brought up is 22 years old. my brother is under the assumption that they cant bring up anything over ten years old????

That would be addressed on appeal after sentencing. Law often change, so his information may not be correct. He will be appointed a new lawyer on the appeal who will ensure the look back period is not excessive and illegal.
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Customer reply replied 4 years ago


so how do we make sure we will get the appeal. his PD wont file it. does he just ask the judge verbally at sentencing?


 

Another member of the public defender's office should come in and take care of the appeal. It would be a good idea after sentencing if he let's the judge know in open court that he would like to exercise his right to appeal. That way everyone knows it.
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Customer reply replied 4 years ago


thank you very much. sorry if im being a pest. we're just really sick over this whole thing. from the very beginning it almost seemed a salem trial witch hunt. you have been great. ... so at this point there is nothing to do until the sentence hearing?


 

No problem at all. I'm here to help!

That is correct. There is nothing else legally to be done at this point until sentencing occurs.
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Customer reply replied 4 years ago


so before the judge passes sentence I believe he will allow my brother to speak on his behalf. does he ask for an appeal then. or AFTER the judge passes sentence?

Yes, he will have a chance to speak at the sentencing hearing.

The notice of appeal is to be filed within 30 days after sentencing. I simply said he should let the court he wants to appeal just in case the public defender's office drops the ball. Most public defender's offices are divided into two parts - one part goes to court and the other part handles appeals.
Nate
Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10,686
Experience: Over 10 years of criminal defense practice.
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Nate and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 4 years ago


thanks again


cheers


thom

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Nate
Nate
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Category: Criminal Law
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