Friday, February 15, 2008

Wheny your defense lawyer files a motion to dismiss does that wave your right to a speedy trial ? -

I got charged with a felony in massachusetts in may 2006 and my lawyer has put up 3 motions to dismiss due to lack of probable cause . The prosecution keeps failing to come up with the info and the judge keeps giving them more time .

The above answer is half right. It does not waive your right to a speedy trial. However, what that right is is dependent - in your case - upon state, not federal, law. And your lawyer will not be able to simply get a trial date set. That requires the judge.

No, it does not waive your right to a speedy trial. If you want a trial now, tell your attorney and he can get a trial date set.

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