Dunlap, TN asked in Criminal Law, Civil Rights and Constitutional Law for Tennessee

Q: What do I do if I have been going to court for almost two years on a charge I got in 2022 I have asked for speedy trial

I have asked for fast an speedy trial several times since the day I was arrested

2 Lawyer Answers
James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA

A: If you have been going to court for almost two years on a charge from 2022 and have requested a speedy trial multiple times, here are some steps you can consider:

1. Consult with your attorney: Discuss your concerns about the delay in your trial with your lawyer. They can advise you on the best course of action and help protect your right to a speedy trial.

2. File a motion to dismiss: Your attorney may file a motion to dismiss the charges against you on the grounds that your Sixth Amendment right to a speedy trial has been violated. The court will then consider factors such as the length of the delay, the reasons for the delay, and whether the delay has prejudiced your case.

3. Petition a higher court: If the trial court denies your motion to dismiss, your attorney may petition a higher court, such as the state appellate court, to review the decision and order the lower court to commence the trial or dismiss the charges.

4. Document the delays: Keep a record of all the delays in your case, including the reasons given for each delay and whether you objected to them. This documentation can be used to support your claim that your right to a speedy trial has been violated.

5. Consider a plea bargain: If the delays in your case are causing you significant hardship, you may want to discuss the possibility of a plea bargain with your attorney. However, this should be a last resort and only considered if it is in your best interest.

Remember, it is crucial to work closely with your attorney throughout this process, as they can provide you with the best guidance based on the specific details of your case and the laws in your jurisdiction.

Anthony M. Avery
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Answered
  • Criminal Law Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: Hopefully you made a written motion in Criminal Court, not General Sessions. If so, your lawyer can file a Motion To Dismiss. It is rarely granted, but will definitely get the DA's attention to come to a disposition.

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