Asked in DUI / DWI for New Mexico

Q: If a speedy trial takes to long to go to trial. Does the courts violate your rights to a speedy trial?

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1 Lawyer Answer
Brandon Alexander Thomas
PREMIUM
Answered

A: Under the speedy trial statute, a case needs to be brought to trial within two terms of court. There are disadvantage to filing a motion for speedy trial. For example, most courts will not entertain a plea agreement once you have filed a motion for speedy trial, which means you must have a trial in your case. Generally, you only file a speedy trial motion if you are in jail and cannot get a bond, you do not want any plea offers, and want to have a trial as soon as possible.

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