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GetTheFuckOut
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Right to a speedy trial
#12123359 - 03/01/10 08:12 PM (14 years, 2 months ago) |
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this is about a friends case.
ok
here is the law
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TITLE XXIV. PROCEDURES PRIOR TO TRIAL
CHAPTER 1. SETTING CASES FOR TRIAL
Art. 701. Right to a speedy trial
A. The state and the defendant have the right to a speedy trial.
B. The time period for filing a bill of information or indictment after arrest shall be as follows:
(1)(a) When the defendant is continued in custody subsequent to an arrest, an indictment or information shall be filed within forty-five days of the arrest if the defendant is being held for a misdemeanor and within sixty days of the arrest if the defendant is being held for a felony.
(b) When the defendant is continued in custody subsequent to an arrest, an indictment shall be filed within one hundred twenty days of the arrest if the defendant is being held for a felony for which the punishment may be death or life imprisonment.
(2) When the defendant is not continued in custody subsequent to arrest, an indictment or information shall be filed within ninety days of the arrest if the defendant is booked with a misdemeanor and one hundred fifty days of the arrest if the defendant is booked with a felony.
Failure to institute prosecution as provided in Subparagraph (1) shall result in release of the defendant if, after contradictory hearing with the district attorney, just cause for the failure is not shown. If just cause is shown, the court shall reconsider bail for the defendant. Failure to institute prosecution as provided in Subparagraph (2) shall result in the release of the bail obligation if, after contradictory hearing with the district attorney, just cause for the delay is not shown.
C. Upon filing of a bill of information or indictment, the district attorney shall set the matter for arraignment within thirty days unless just cause for a longer delay is shown.
D.(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article. After the filing of a motion for a speedy trial by the defendant and his counsel the time period for commencement of trial shall be as follows:
(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.
(b) The trial of a defendant charged with a misdemeanor shall commence within thirty days if he is continued in custody and within sixty days if he is not continued in custody.
(2) Failure to commence trial within the time periods provided above shall result in the release of the defendant without bail or in the discharge of the bail obligation, if after contradictory hearing with the district attorney, just cause for the delay is not shown.
E. "Just cause" as used in this Article shall include any grounds beyond the control of the State or the Court.
F. A motion for a speedy trial filed by the defendant, but not verified by the affidavit of his counsel, shall be set for contradictory hearing within thirty days.
Amended by Acts 1981, No. 181, §1; Acts 1982, No. 462, §1; Acts 1993, No. 682, §1; Acts 2007, No. 295, §1.
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my friend got busted on december the ninth. his deposition was on feb the ninth. well, that day, they rescheduled it for may the ninth. he got out of jail that day. so he was "not continued in custody subsequent to arrest"
that is 151 days from the date of booking.
the charge is Possession With Intent to Distribute Cocaine which i assume is a felony charge
so
from what i am reading there under area (2)
151 days is 1 day past the limit and unless the prosecution can show just cause for delay, he should be able to have this dismissed. correct?
-------------------- < I have logged in this once so that I can set the "last seen" feature up. let the faggots flow forth into OTD and have it. Its funny how they all grew nuts after I left. I'm not here, I'm not reading, but I urge you all to keep melting down over me. I know, I hurt alot of people, and they deserved it. epic win for me, epic fail for you. ythan, you rock dude. i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival. <
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Stonehenge
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Registered: 06/20/04
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Keep in mind that free legal advice on the internet is worth what you pay for it. Just at first glance, i see several things wrong with your assumption he should have charges dropped. First of all, i see nothing to indicate he asked for a speedy trial. Secondly, the 150 day rule is for bringing charges, not for trial. The trial period would be 180 days but only if he requested a speedy trial. So i would not make any noise and in 30 days his lawyer could move for dismissal. But that depends on whether he asked for speedy trial. If not, tough luck. And even if he did, the prosecutor will whine and claim bad weather or anything and it's up to the judge to make the decision.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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2859558484
Growery is Better



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Re: Right to a speedy trial [Re: Stonehenge]
#12128254 - 03/02/10 02:44 PM (14 years, 2 months ago) |
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yea, a judge or DA is gonna fuck him over
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GetTheFuckOut
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Re: Right to a speedy trial [Re: 2859558484]
#12128669 - 03/02/10 03:50 PM (14 years, 2 months ago) |
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well we have this huge problem here with the DA and all these people getting out and going free because of these restrictions
thats why im asking
-------------------- < I have logged in this once so that I can set the "last seen" feature up. let the faggots flow forth into OTD and have it. Its funny how they all grew nuts after I left. I'm not here, I'm not reading, but I urge you all to keep melting down over me. I know, I hurt alot of people, and they deserved it. epic win for me, epic fail for you. ythan, you rock dude. i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival. <
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Stonehenge
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"well we have this huge problem here with the DA and all these people getting out and going free because of these restrictions"
Yeah, don't let any da's go free if you can help it.
I happen to think the speedy trial rule is good. Why should someone sit in prison for years or even out on bail with that hanging over their head? One other thing that can mess it up even if he asked for a speedy trial is if the defense asked for a continuance, that often voids the speedy trial provision.
-------------------- “A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835) Trade list http://www.shroomery.org/forums/showflat.php/Number/18047755
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2859558484
Growery is Better



Registered: 01/10/06
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man that sucks about him spending 151 days in jail, what a bitch. If he can afford a decent lawyer to negotiate with the DA that would be good.
According to section D of that law yer friend would have to filed the request for speedy trial(which in itself is bullshit)with a lawyer while in jail 120 days before they let him out.
is this DSG?
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Edited by 2859558484 (03/02/10 04:13 PM)
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GetTheFuckOut
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Re: Right to a speedy trial [Re: 2859558484]
#12128832 - 03/02/10 04:19 PM (14 years, 2 months ago) |
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its not dsg
also
this friend
he hasnt been in all that time
Quote:
he got out of jail that day. so he was "not continued in custody subsequent to arrest"
and yeah the whole thing sucks ass
-------------------- < I have logged in this once so that I can set the "last seen" feature up. let the faggots flow forth into OTD and have it. Its funny how they all grew nuts after I left. I'm not here, I'm not reading, but I urge you all to keep melting down over me. I know, I hurt alot of people, and they deserved it. epic win for me, epic fail for you. ythan, you rock dude. i feel that my time at the shroomery was very positive and enjoyable, but this site is no longer for me. im not mad or upset or disappointed, i just want no part in a pg rated faggot festival. <
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