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  #26  
Old 06-07-2018, 01:07 PM
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Originally Posted by guardianangel3 View Post
clearly, i missed these add-ons to my original conversation, as i gave up and waited the winter out with the newest (4th) lawyer, and not sure how they relate or not to my son's case. earlier today i made an updated email about the fact that we are now going on 22 months before the latest date for trial comes up, and this lawyer, who SEEMS to be working the case (or so he constantly assures me) says that we have NO leg to stand on regarding the speedy trial law...?
Chances are good that your son waived his right to a speedy trial at some point early on in the process. Most people waive this right and in most cases it is the best strategy as it allows for both sides to develop a case, communicate and figure out the best way to wheel and deal (and for a defense case to be built as well.) If he waived the right early on, then the lawyer is correct: no leg to stand on. If not....that would get murky. Chances are good, though, that the attorney knows what he is talking about here.

Here's an explanation of the "Speedy Trial" law: https://criminal.findlaw.com/crimina...ury-trial.html

For the law to apply, just to jump to a key point, you would need this to be so: "In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether."

In this case, a delay between arrest and a trial is probably not going to be found unreasonable or prejudicial. Nothing about the process is actually hurting his case from what I can tell. And even if it is, proving it to the court....is another issue all together. It sounds like the current lawyer doesn't believe that there are any grounds to pursue the speedy trial law as a course of action. The court likely has not been prejudiced because of it, and a jury won't be influenced because there is no jury pool yet.

This process has got to be frustrating. The attorneys have to be frustrating. We've all been there at some point in the process with our loved ones, whether it be the courts, the Department of Corrections, Parole, etc. So I understand. But I also need to suggest keeping perspective. Your feelings and emotions aren't going to matter to the court. Due process of law will. It sucks. Believe me. I've been in plenty of situations with Dee where my feelings and emotions and statements and arguments meant little to nothing. And believe me when I say that everything you feel is completely valid. But it's not going to change or overthrow the process.

I hope that this current attorney does fight for your son and gets him a good result. I know patience is hard, and the more time that passes, the harder patience gets. Remember: support him first. Take care of yourself first. Don't let the process wear you down.

Good luck.

-E
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  #27  
Old 06-07-2018, 03:26 PM
guardianangel3 guardianangel3 is offline
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Originally Posted by missingdee View Post
Chances are good that your son waived his right to a speedy trial at some point early on in the process. Most people waive this right and in most cases it is the best strategy as it allows for both sides to develop a case, communicate and figure out the best way to wheel and deal (and for a defense case to be built as well.) If he waived the right early on, then the lawyer is correct: no leg to stand on. If not....that would get murky. Chances are good, though, that the attorney knows what he is talking about here.

Here's an explanation...

For the law to apply, just to jump to a key point, you would need this to be so: "In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether."

In this case, a delay between arrest and a trial is probably not going to be found unreasonable or prejudicial. Nothing about the process is actually hurting his case from what I can tell. And even if it is, proving it to the court....is another issue all together. It sounds like the current lawyer doesn't believe that there are any grounds to pursue the speedy trial law as a course of action. The court likely has not been prejudiced because of it, and a jury won't be influenced because there is no jury pool yet.

This process has got to be frustrating. The attorneys have to be frustrating. We've all been there at some point in the process with our loved ones, whether it be the courts, the Department of Corrections, Parole, etc. So I understand. But I also need to suggest keeping perspective. Your feelings and emotions aren't going to matter to the court. Due process of law will. It sucks. Believe me. I've been in plenty of situations with Dee where my feelings and emotions and statements and arguments meant little to nothing. And believe me when I say that everything you feel is completely valid. But it's not going to change or overthrow the process.

I hope that this current attorney does fight for your son and gets him a good result. I know patience is hard, and the more time that passes, the harder patience gets. Remember: support him first. Take care of yourself first. Don't let the process wear you down.

Good luck.

-E
thank you so much for your prompt reply! my son insists that he did NOT waive his rights, but he has learning disabilities and this stress has been tough on him all around. and then, nearly two years of sitting and waiting...but i think i understand the laws a little better and will encourage him to hang in there...

ps i had to erase the part of your post with the email address due to rules...?
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  #28  
Old 06-07-2018, 05:23 PM
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thank you so much for your prompt reply! my son insists that he did NOT waive his rights, but he has learning disabilities and this stress has been tough on him all around. and then, nearly two years of sitting and waiting...but i think i understand the laws a little better and will encourage him to hang in there...

ps i had to erase the part of your post with the email address due to rules...?
Oh! Yeah, if you have fewer than a certain number of posts they don't let you publish web links or e-mail addresses...even if it's a quote of another message. No worries on that.

If he did waive his right to speedy trial that would probably be in the minutes of a very early court date. That is something that you could probably check yourself if you really wanted to, and that the attorney should have access to and knowledge of.

-E
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