What constitutesa violation of a person’s right to a speedy trial?

UPDATED: Sep 20, 2010

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What constitutesa violation of a person’s right to a speedy trial?

I received a speeding for 51 in a 35 zone on 8/23/10. The ticket stated to appear in court on 9/23/10. I received a letter on 9/18/10 to notify me of a rescheduled date of 10/12/10. Is this change of dates on the courts part a violation of my time limit to a speedy trial date.

Asked on September 20, 2010 under General Practice, North Carolina


M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The short answer to your question is no, this is not a violation of your right to a speedy trial.  Continuances are a normal part of the criminal justice system.  That being said, you are correct in that after a certain point of time, failure to bring the matter to trial can, in some circumstances, result in dismissal of charges.  However, in your circumstance you have not approached that time period.  Moreover, there are circumstances that will prevent the speedy trial rule from applying, such as if a continuance was requested by the defendant rather than the state.  In any event, once the time period has, in fact, passed, it will be necessary to file a motion to dismiss based upon your right to a speedy trial.  Regardless, this is not usually a simple matter that can be handled without an attorney.

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