What consitutes a speedy trial?

[dmcowen674]

Question for the arm chair lawyers in here.

I know somone nabbed in a parking lot for alledged DUI. (Car never moved).

Anyway, this is the 6th time in 3 months having to appear before the Judge and charges have never been formally filed.

This is causing hardship (no job as placed closed down and no vehicle anymore, it was impounded and could not afford it).

How many times can the Judge order to appear like this?

Forever, indefinite?

What constitutes "Right to a speedy trial" which was asked of the court?

TIA

 

[waggy]

the speedy trial idea just does not happen. the courts are clogged with stupid crap like where to bury a has been star.

 

[Greenman]

Speedy means when it starts, after that it can go on for years.

Edit: Around here, the Judge will ask if you want to waive your right to a speedy trial, if you say no, it will start within 30 days (it might be 60, don't remember exactly).

 

[MercenaryForHire]

If there's no charges filed against him, under what grounds is he being "ordered" to appear?

- M4H

 

[mwtgg]

So, he's in a car in a parking lot... nabbed for a DUI, but the car never moved. So... how did he get to the parking lot?

 

[waggy]

Originally posted by: mwtgg
So, he's in a car in a parking lot... nabbed for a DUI, but the car never moved. So... how did he get to the parking lot?

he parked before then went into the baR? or was givin a ride to the parking lot?

there has been a few times i have parked my car in say wal-mart then got a ride with friends to a bar or such.

 

[dmcowen674]

Originally posted by: mwtgg
So, he's in a car in a parking lot... nabbed for a DUI, but the car never moved. So... how did he get to the parking lot?

Came out of the bar and got into the car to get the cell phone (no cell phones allowed in the bar since camera phones came out) and made a call to a friend to come pick up since knew was too drunk to drive. The call is on record.

A girl in the bar had called the police for a set up because she had a vendetta. (There was no fight or altercation).

 

[dmcowen674]

Originally posted by: MercenaryForHire
If there's no charges filed against him, under what grounds is he being "ordered" to appear?

- M4H

That's a great question. Small town justice apparently.

 

[MercenaryForHire]

Originally posted by: dmcowen674

Originally posted by: MercenaryForHire
If there's no charges filed against him, under what grounds is he being "ordered" to appear?

- M4H

That's a great question. Small town justice apparently.

A question that still lacks an answer.

He needs some ACTUAL counsel, not armchair lawyers. A 30 minute sit-down chat should work, and will either get him off the hook or charged.

- M4H

 

[dmcowen674]

Originally posted by: MercenaryForHire

Originally posted by: dmcowen674

Originally posted by: MercenaryForHire
If there's no charges filed against him, under what grounds is he being "ordered" to appear?

- M4H

That's a great question. Small town justice apparently.

A question that still lacks an answer.

He needs some ACTUAL counsel, not armchair lawyers. A 30 minute sit-down chat should work, and will either get him off the hook or charged.

- M4H

The lawyer has attended these appearances before the Judge as well.

The lawyer said there is a time expiration but has not said what that time limit is which is why I am asking.

Of course the lawyer gets more money with each appearance as well as the court.

People said that you have to reach $6,000 in appearance and then they let you off the hook.

The bill is up around $2,000 so far. So based on that there is another 9 appearances left to before the Judge.

 

[teddyv]

This makes no sense - why and what were the prior hearings? You have a right to a speedy trial, but you have to be charged for there to be a trial. When he was "nabbed" was he arrested? Was he arraigned?

 

[dmcowen674]

Originally posted by: teddyv
This makes no sense - why and what were the prior hearings? You have a right to a speedy trial, but you have to be charged for there to be a trial. When he was "nabbed" was he arrested? Was he arraigned?

Yes, arrested last October in the parking lot on a Friday night.

Spent weekend in Jail and arraigned on Monday.

The charge listed is "Intent to drive drunk".

Like I said car was never running and never moved.

 

[dmcowen674]

Well my friend missed this particular appearance due to not having a ride.

Made phone calls to the Court and the lawyer before the deadline.

We'll see if a bench warrant for arrest has been put out.