Wednesday, June 18, 2014

My fiance was arrested 1/4/12 and released 7/9/12 totaling 188 days in jail and no prosecution filed. A warrant was issued again on 7/13/12 ...

Question

My fiance was arrested 1/4/12 and released 7/9/12 totaling 188 days in jail and no prosecution filed. A warrant was issued again on 7/13/12 for same charges. 18months later he's been arrested for the same charges. Was the " no prosecute" done because speedy trial time was up and leave the case not dismissed in order to be able to restart the case? Or have his speedy trial rights been violated? I see nothing on the clerk of courts page stating an extension or waiver of speedy trial. I do see a no waiver of speedy trial there. No trial ever took place, no jury had been selected. The charges ar all felonies.



Answer

There are a lot of what happened whens in your scenario. There are a lot of complex rules and exceptions when it comes to speedy trial. Your fiance needs to talk his attorney to find out if speedy trial controls in this situation.



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