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.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.