Can you have a misdemeanor case dismissed due to the fact that your right to a speedy trial has been violated?

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Can you have a misdemeanor case dismissed due to the fact that your right to a speedy trial has been violated?

I have been making court appearances for the last 5 months on an aggravated unlicensed operation. I was granted a probable cause hearing but then called told (by the judge) that it was a mistake and there would be no hearing. Even though it was the judge who sent me the letter in the mail. I was told my case would be set for trial. However, I was given no return court date. Instead I was told it would be in about 2 months. Wait for another letter .This thing stinks all over. What should or can I do?

Asked on July 31, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the United States' Constituion as well as all state consitutions, one has a right to a speedy trial in a criminal matter. If the right to a speedy trial is not waived by the defendant in a criminal action and the action is not brought to trial in the mandated time period, then the criminal action must be dismissed.

If you did not waive time to go to trial in the misdemeanor case against you after you were arraigned, and the time to bring your case to trial has elapsed under the applicable laws of your state, then most likely you are entitled to a dismissal of the charge. If you do not have a criminal defense attorney representing you in your matter, you should consult with one.

Good luck.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Under the United States' Constituion as well as all state consitutions, one has a right to a speedy trial in a criminal matter. If the right to a speedy trial is not waived by the defendant in a criminal action and the action is not brought to trial in the mandated time period, then the criminal action must be dismissed.

If you did not waive time to go to trial in the misdemeanor case against you after you were arraigned, and the time to bring your case to trial has elapsed under the applicable laws of your state, then most likely you are entitled to a dismissal of the charge. If you do not have a criminal defense attorney representing you in your matter, you should consult with one.

Good luck.


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