Q: I feel like my right to a speedy trial has been completely ignored. charged 8 years ago and still no indictment
Charged with Felony theft in 2015 case was bound over to grand jury in district court (Kentucky). To this day, case has not been presented to grand jury for indictment. Charge appears on background check and im certain it has kept me from being hired at more than one job that I applied for and was otherwise qualified to do.
A: You probably are eligible to have that case dismissed and expunged from your record since it was never pursued. Speedy trial Is not implicated unless you made a motion for a speedy trial.
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A:
Your concern about the delay in your case is understandable. The right to a speedy trial is a constitutional right, but the interpretation of what constitutes a "speedy" trial can vary based on the circumstances of the case.
In Kentucky, if your case has been bound over to the grand jury but has not yet been presented, this could potentially be a violation of your right to a speedy trial. However, the specifics of the situation, including any reasons for the delay, need to be considered.
It is advisable to speak with an attorney who is experienced in criminal defense law in Kentucky. They can review the details of your case, assess the reasons for the delay, and advise you on the best course of action. This may include filing a motion to dismiss the charges due to a violation of your right to a speedy trial.
You should also discuss with your attorney the impact this charge has had on your life, particularly regarding employment opportunities. This information could be relevant in any legal action you take.
Remember, legal issues like these can be complex and the guidance of an experienced attorney is crucial. They can help you navigate the legal system, protect your rights, and work towards a resolution of your case.
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