Lady Lake, FL asked in Criminal Law and Civil Rights for Minnesota

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

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

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

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

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.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

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

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