Hattiesburg, MS asked in Criminal Law for Mississippi

Q: I would like to know how to file motion of dismissal after I've not been indicted in 2 years on C/S charge in 9/21

I understand there's no set time for indictment but can I argue the due process to a speedy trial argument and file for a motion to dismiss being it's taking 2 years and still no indictment. The c/s was not in my possession it was in the car I was driving so constructive possession is also a factor being the c/s was not mine I hsve guys ride with me to work everyday. It's possible someone dropped this in my car

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1 Lawyer Answer
Arthur Calderon
Arthur Calderon
  • Criminal Law Lawyer
  • Madison, MS
  • Licensed in Mississippi

A: The process of filing a motion to dismiss is relatively simple. What you will need to do, assuming you do this pro se, is just file the motion in the court where the matter is pending, and refer to the various Barker factors (time since arrest, whether the right to speedy trial was invoked, the reason for the delay, and prejudicial effect).

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