Rochester, MN asked in Civil Litigation, Criminal Law, Civil Rights and Juvenile Law for Minnesota

Q: Can a judge or a public defender set a motion for a speedy trial without the defendant pleading innocent or guilty.

The charge is felony gun possession with ammunition possession and the accused is juvenile felon that was sealed years ago. The firearm is legally registered to another person that is legally allowed to own one, and happened to forgot in defendant vehicle but was not physically on the defendant.

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

A: Generally a plea is entered at the Omnibus hearing. It is not clear what stage the case is at. This person needs a criminal defense attorney ASAP as this charge can carry heavy penalties.

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

A: This question seems to address multiple, unrelated issues. The defendant would typically demand a steedy trial at the omnibus hearing. That is a demand that the defendant makes. This individual also needs an attorney ASAP. These are serious charges and carry serious consequences.

William Bailey agrees with this answer

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

A: A defendant can demand a speedy trial at any stage of the proceedings prior to trial. But few out-of-custody defendants do so.

William Bailey agrees with this answer

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