If it’s been 6 months since my misdemeanor marijuana arrest but still no trial, when does the right to fair and speedy trial become relevent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If it’s been 6 months since my misdemeanor marijuana arrest but still no trial, when does the right to fair and speedy trial become relevent?
Last week I sat through a day of jury selection. They didn’t get to my case and now I don’t know when my next is. This is getting excessive for a misdemeanor.
Asked on May 23, 2012 under Criminal Law, Vermont
Answers:
Kevin Bessant / Law Office of Kevin Bessant & Associates
Answered 12 years ago | Contributor
Constitutionally, a person has a right to a speedy trial, which is generally within 180 days from the date of the arraignment. Be mindful however that criminal cases will from time to time get adjourned for various reasons, which may delay your trial date and not violate your right to a speedy trial. Not certain if your case has been adjourned, but it sounds likely. Speedy trial arguments are most successful when a case has been set for trial, the defendant is in jail, and months go by before the person is ever brought back before the court. Speak with your attorney to determine if you have a valid speedy trial argument, and if so, seek a dismissal.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.