Q: Can my daughter be held in Nobels county jail for 11 months without a trial because of the virus
My daughter was arrested for transporting meth from SD in December 2019. Her court date was set for March because of the virus the trial was reset for July 28, my daughter just now received a letter moving her trial until November can they do this she will be in Jail for a year before she is tried
A: They certainly can if she has not demanded a speedy trial. If she has made such a demand, there is an analysis that gets done about whether her right to a speedy trial is being violated and if so, what the remedy should be. One such remedy might be release from custody. Another such remedy could be dismissal of the charges against her. Those remedies depend on how far past the speedy trial demand the trial is being scheduled. It is unclear to me from your question whether she has demanded a speedy trial.
William Bailey agrees with this answer
1 user found this answer helpful
A: Has she demanded a speedy trial? If not, they won't really worry about when she gets a trial. If she has, they will have to try to move things along. Certainly something she should be discussing with her lawyer. If she doesn't have a lawyer, that's not helping her any.
A: She should discuss with her lawyer, asserting speedy trial demands with the court. When I do these for clients in custody, I often include an alternative motion for pretrial release without bail, or low bail. I have had such efforts eventually result in success. But repeated, strong effort may be required.
1 user found this answer helpful
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.
