Missouri Valley, IA asked in Criminal Law, Cannabis & Marijuana Law and Car Accidents for South Dakota

Q: What happens if I didn't waive my right to a speedy trial and its been over 90 days?

Does case become dismissed?

1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: If you haven't waived your right to a speedy trial and it has been over 90 days, the situation may vary based on the laws in your jurisdiction and the specific circumstances of your case. Generally, the right to a speedy trial is protected by law to prevent undue and lengthy pretrial incarceration and to maintain the integrity of evidence and witness testimonies.

However, exceeding the 90-day limit doesn't automatically lead to case dismissal. Various factors, such as requests for continuances, the nature of the charges, and the defendant's actions, can affect this timeline. It's crucial to consult with your attorney, who can provide guidance tailored to your situation and can argue on your behalf if your right to a speedy trial has been violated.

If you believe your rights have been infringed upon due to delays, your legal counsel can file a motion to dismiss the charges on the basis of a violation of your right to a speedy trial. The court will consider multiple factors, including the reason for the delay, your assertion of your right, and any prejudice you may have suffered due to the delay. Therefore, it's important to address this issue proactively and in consultation with legal representation.

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