How do you fight charges against you, when there is no evidence, no DNA, no court date and constantly transferring someone to different facilities?

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How do you fight charges against you, when there is no evidence, no DNA, no court date and constantly transferring someone to different facilities?

He has been incarcerated for 1 year and 2 months and has not gone to court, now they want to charge him with a new case to keep him locked up. Can they do that? He has a public defender but nothing is being done.

Asked on August 27, 2013 under Criminal Law, Georgia

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 8 years ago | Contributor

South Carolina has a slow court system. That is where I practice and I cannot tell from this web site if your question pertains to my state or not. As far as bringing a new case, yes, they can always charge someone just like they were not incarcerated. Its the same process, requiring Probable Cause, Arrest Warrant or Indictment, etc. I don't know anything about the case, so I don't have very much to give you. Although I agree with the other attorney who recommended a second opinion. The only other thing I can tell you is that on cases I've had in the past where a long time past with nothing happening, I've filed a Motion to Dismiss for Failure to Prosecute. That will usually get something done.

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 8 years ago | Contributor

Hello. You may obtain a 'second opinion' from another attorney. Do contact an attorney licensed in the appropriate state (I am licensed in Minnesota - no other state) who will be happy to assist. Some attorneys are available seven days for emergency legal needs. Many attorneys will confer initially at no charge. Then, if legal work is performed, some attorneys will provide a reduced fee for financial hardship. Some attorneys may also assist you in a limited scope manner to conserve legal costs. All the best.

 

 

 

TRICIA DWYER, ESQ.

 

Tricia Dwyer, Esq & Associates PLLC

 

Phone: 612-296-9666

 

[email protected]

http://dwyerlawfirm.net

CRIMINAL DEFENSE LAW

MINNESOTA LICENSED


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