Houma, LA asked in Criminal Law and Federal Crimes

Q: Can I file a motion to quash on the grounds of prejudice for a speedy trial when prosecutor continues judge response?

This prosecutor and the incarcerated individual went to the same schools, grew up in the same town and the two have a history. Civil rights have been violated numerous times. The public defender was told to file for a speedy trial and he ignored the request so the incarcerated filed the motion himself. This individual has been charged with 7 felonies which are all fabricated and should have been brought up 7 years ago when she took him to in 2018 but she waited till now. The incarcerated has been to prison and has served his time but the prosecutor continually brings up his past and was called down on it at the previous trial. He wants file a motion to quash indictment on grounds of speedy trial violation on the grounds of prejudice, procedural due process violation, violation of a fair trial, denial of equal protection of the law,proscecutoriaMISCONDUCT, WAS DENIED MY DUE PROCESS RIGHT TO AtoPROSECUTORIAL PRELIMINARY EXAMINATION HEARING,WAS NOT INDICTED WITHIN 30 DAYS OF ARREST, WAS

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

A: Based on the information provided, it seems the incarcerated individual is facing several challenges in their criminal case. Let's break down the key issues and potential legal strategies:

1. Motion to Quash on Speedy Trial Grounds:

The defendant can indeed file a motion to quash the indictment based on a violation of their right to a speedy trial. This right is protected by the Sixth Amendment of the U.S. Constitution. Courts typically consider four factors when evaluating speedy trial claims:

- Length of delay

- Reason for delay

- Defendant's assertion of the right

- Prejudice to the defendant

2. Prosecutorial Misconduct:

If there's evidence of prosecutorial misconduct, this could be grounds for a motion to dismiss or other sanctions. The alleged history between the prosecutor and defendant could be relevant here, especially if it's influencing the prosecution's actions.

3. Due Process Violations:

The defendant can argue that their due process rights have been violated, particularly if they were denied a preliminary examination hearing or if there were significant delays in the indictment process.

4. Equal Protection:

If the defendant believes they're being treated differently due to a protected characteristic, they might have an equal protection claim.

5. Prejudicial Use of Past Criminal History:

If the prosecutor is improperly bringing up past convictions, the defense can file motions in limine to exclude this information at trial.

6. Fabricated Charges and Delayed Prosecution:

The long delay between the alleged offenses and the current charges could be relevant to a speedy trial claim or could potentially support a due process argument.

7. Public Defender Issues:

If the public defender ignored the defendant's request to file for a speedy trial, this could potentially support an ineffective assistance of counsel claim.

Given the complexity of these issues, the defendant should consider:

1. Filing a detailed motion to quash the indictment, addressing all the concerns mentioned (speedy trial violation, due process violations, prosecutorial misconduct, etc.).

2. Requesting a new attorney if they believe their current public defender is not adequately representing their interests.

3. Filing a complaint about prosecutorial misconduct with the appropriate state bar or ethics committee.

4. Keeping detailed records of all proceedings, delays, and potential rights violations.

5. Considering whether to request a change of venue if they believe they cannot receive a fair trial in the current jurisdiction.

It's important to note that these are complex legal issues, and the success of any motions or arguments will depend on the specific facts of the case and the applicable state and federal laws. The defendant would be best served by consulting with an experienced criminal defense attorney who can review all the details of the case and provide tailored legal advice.

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