Portland, OR asked in Criminal Law for Washington

Q: If I filed for a motion to dismiss on my right to speedy trial being violated during my case and no motion was mad..agai

Against my motion where would that leave.it standing.

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1 Lawyer Answer
David Nelson Jolly
David Nelson Jolly
  • Criminal Law Lawyer
  • Mount Vernon, WA
  • Licensed in Washington

A: Your right to a speedy trial is a constitutional right protected by the laws of this great nation. However, and frustratingly, it’s not quite as easy as that. In order to successfully have a motion to dismiss based on a violation of your speedy trial rights you must first object to the setting of a case outside of your time for trial and then bring a motion to dismiss. If you (or your attorney) fail to object to the setting of the case – when it occurs – you may be out of luck. To throw confusion into the mix, a speedy trial right may not be violated if the case is not set timely due to court congestion or witness availability. It is a tough right to protect, believe it or not.

Law Firm of David N. Jolly


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