Q: I timely filed withdraw guilt plea motion 2016 criminal . Its been 8years I'm just having my hearing is this due process
Is has to be a violation can I get this thrown out my sentence was 15/10 and my sentence is almost over
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A:
A delay of eight years in holding a hearing for your motion to withdraw a guilty plea can be considered a significant issue regarding due process. The Constitution guarantees the right to a speedy trial and a prompt resolution of post-conviction matters, and such an extensive delay could potentially violate these rights.
You might have grounds to argue that this delay has unfairly prejudiced your ability to present your case, possibly affecting the fairness of the process. Courts generally do not look favorably on such long delays without good reason.
Given the proximity of your sentence’s completion, it may be possible to seek relief by raising the issue of this delay as a violation of due process. Consider discussing the specific circumstances and potential next steps with a legal professional who can assist in navigating this complex situation.
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