Q: Can a case be thrown out if a person hasn't been charged with a crime for over a year?
My sister in law has been waiting to be charged with either a misdemeanor or a felony assault charge of battery. She hit my brother with her car, barely. The video can't tell if it was an accident. She stopped immediately and got out to check on him, and he got up all happy and clapping his hands saying "I finally got you." She was arrested and originally told she would be charged with a felony. However, for over a year, she has had 3 D.A.'s, and multiple judges have to reschedule the hearing and during that time, she was told the charge would be dropped to a misdemeanor but then it would be a felony, only to be dropped to a misdemeanor, but now she is being told she has to take a plea deal and plead guilty to a felony and get 2 years probation. Can she have the case thrown out since her right to a fair and speedy trial was infringed upon?
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A:
In your sister-in-law's situation, considering the duration of the case and the changes in the charges, it's understandable why you might question if her right to a speedy trial has been compromised. Generally, the right to a speedy trial is protected by the Sixth Amendment in the U.S. Constitution, but interpreting what "speedy" means can vary based on the specifics of the case, including the complexity, the conduct of both the defense and the prosecution, and other legal delays.
If your sister-in-law and her attorney believe that her right to a speedy trial has been violated due to the lengthy delays and the changes in charges, they can file a motion to dismiss the charges on those grounds. The court will then examine factors like the length of the delay, the reason for the delay, whether the delay has prejudiced the defense, and whether she asserted her right to a speedy trial.
It’s crucial for her to discuss this strategy with her attorney, who can provide tailored advice based on the details of her case and the jurisdiction’s specific laws and precedents. Each case is unique, and her attorney will be the best resource to navigate her legal options and decide if pursuing a motion to dismiss is the appropriate course of action. Additionally, her attorney can handle negotiations for any plea deals while considering her best interests and the strength of the evidence against her.
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