Q: Statute of limitations for first degree burglary.
Statute of limitations & each step of action to be taken when you are charged with burglary in the first degree.
Every step taken until now. The Preliminary, Arraignment, indictment, warrant or complaint & trial date? What the statute is for each & when the action required has to be taken by. Like for example I know that the preliminary is to be held within 20 days after the Arraignment. I have also read that the trial should begin no more than 180 days after my arrest.
So what other steps are there up to the trial, how quickly they should have it done by, & what I can do for each step if it hasn't been done in a timely manner & if these steps are not done in the required time can I request for the charges to be dismissed?
Please let me know as soon as you can. I don't think that I am being represented fairly or correctly for this and I don't have much time to ask for another attorney if I was done wrongly.
Thank you for your time and help with this matter and I appreciate
A:
United States Supreme Court said that the right to a speedy trial is different from other constitutional rights in that (1) society has an interest in the prompt trial of those charged with crime, and long imprisonment prior to trial may have a destructive effect on a defendant; (2) a delay may work to the defendant's benefit; (3) the right to a speedy trial is a more vague concept than other procedural rights.
In speedy trial cases the following factors are to be considered: (1) the length of the delay; (2) the reason for the delay; (3) assertion by the defendant of his right to a speedy trial; and (4) prejudice to the
defendant.
However, in Moore v. Arizona, the United States Supreme Court held that it is not necessary to show affirmatively that the defendant has been prejudiced in order to show a denial of his constitutional right to a speedy trial. The failure of the defendant to assert his demand for a speedy trial "is entitled to strong evidentiary weight against the defendant." "
Which means the Defendant must make the request for a speedy for the ramifications of violations to stand.
Whoever, you must seek counsel form attorney to figure out if this is in your best interest.
I hope this helps.
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