How do you get charges dismissed because of a speedy trial violation?
An 11-year delay may not enough to trigger a speedy trial violation and dismissal of felony or misdemeanor criminal charges.
Courts Rarely Enforce a Defendant’s Speedy Trial Rights
In United States v. Young, No. 09-5823 (Sept. 21, 2011), the United States Court of Appeals rejected the Michigan defendant’s constitutional speedy trial argument that “the delay of eleven years between his indictment and his conviction is presumptively prejudicial,” and also that it “caused him actual prejudice in the form of lost witnesses, lost memories, and lost records.” Despite the arguments made by his Michigan Appellate Attorney, the court ruled that the unusually long delay stemmed in part from the fact that “the case was extraordinary in its complexity and otherwise.” It “involved twenty-four other defendants and numerous motions to continue, join, sever, and dismiss.”
The court noted that the defendant’s highly aggressive appellate attorney engaged in a “vigorous motions practice,” sought several continuances of his own, and “never opposed a requested continuance from any party . . . .” Further, there had been two interlocutory appeals. Albeit while acknowledging the “unusual facts—especially the eleven-year delay,” the court found that “Young was either responsible for or a participant in most of the delay, and he is unable to show that his defense was prejudiced . . . . Ultimately, while the length of Young’s case may be atypical, it is not unconstitutional.”
Cases like this are tragic in the sense that lower courts and Michigan courts will use it to justify the violation of countless defendants’ speedy trial rights. Successful criminal defense lawyers that routinely achieve extraordinary results challenging constitutional violations are few and far between. When someone needs attorneys who will spare no effort and tenaciously fight to protect their rights, LEWIS & DICKSTEIN, P.L.L.C. is the “go to” law firm in Southeastern Michigan.
Criminal Defense Attorneys for Constitutional Rights
At LEWIS & DICKSTEIN, P.L.L.C., we have been passionately and zealously defending those charged with criminal offenses for decades. From cases that must go to trial, to those cases where the priority is minimizing the consequences of a conviction, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is prepared to do whatever is necessary to help. Please feel free to call us for a free consultation 24 hours per day, 7 days per week. We will not let you down, and we are not afraid to win!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
