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Criminal felony case in Indiana. Initial investigation

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Criminal felony case in Indiana...
Criminal felony case in Indiana. Initial investigation started 3/2011, arrest and charges filed 6/2014, here it is 11/2017 and matter set for trial 1/2018. Were there violations of a speedy trial or statue of limitations here?
Submitted: 7 months ago.Category: Criminal Law
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Answered in 1 minute by:
11/19/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,305
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

The statute of limitations on an Indiana felony would be 5 years. So this case was filed in timely fashion, that is, before the statute of limitations could run out. CR Rule 4 provides that with a defendant who is not incarcerated, a trial must be held within a year from the date that the charge was filed against him.

From there, however, it gets tricky. The speedy trial clock stops and starts. That means it can take well more than a year for the trial to actually happen. For example, if defense files motions -- which they always do because such motions are necessary for the successful defense of a case -- the time taken for the motions to be decided do not count towards the year. If the defennse agrees to or asks for a continuance, that time does not count either. If the prosecutor didn't cause the delay but the trial cannot go forward because the court calendar is too crowded for the trial to proceed, that too would not count as speedy trial time.

To make a speedy trial determination, judges do not look at how long the case has been hanging around. Instead, the follow a 4-part balancing test for a speedy trial that the US Supreme Court spelled out in Barker v. Wingo. When presented with a speedy trial motion, a judge will look at

(1) the length of delay;
(2) the reason for the delay;
(3) the assertion of the right to speedy trial by the accused; and
(4) the prejudice to the accused resulting from the delay.

Certainly it would seem that this case is very, very ripe for trial. But without looking at each and every reason for each and every adjourn date over the last three years, I could not tell you whether a speedy trial motion is ripe. If you are the defendant, however, you would definitely want to get your lawyer to explain why he has not moved for a speedy trial dismissal by now. He should be able to give you a reason you can understand.

This is actually a very complicated area of law and in my experience, both the prosecutor and the defense attorney keep close watch on speedy trial time, even though it may look to a lay person that the motion is overdue. Very few felonies actually get dismissed on speedy trial grounds.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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