How do you get charges dismissed because of a speedy trial violation?
An 11-year delay may not be 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.”
Don’t Give Up – There is Hope If Someone Will Fight for You
Cases like United States v. Young are tragic in the sense that lower courts and Michigan courts will use them to justify the violation of countless defendants’ speedy trial rights. Successful criminal defense lawyers who 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.
How to Get Charges Dismissed Due to Speedy Trial Delay
Seeking and obtaining a dismissal due to a speedy trial violation is far more complex than simply pointing to a delay. Most judges and prosecutors are quick to dismiss or minimize allegations of speedy trial violations, often assuming that delays are either justified or harmless. Unfortunately, this mindset can result in legitimate constitutional violations being overlooked or ignored.
A successful motion to dismiss based on a speedy trial violation requires more than citing the Sixth Amendment—it takes strategic legal analysis, precise case law, and persuasive advocacy. The defense must establish that the delay was not only lengthy but also unjustified, that the government bears responsibility for the delay, and that the defendant suffered prejudice as a result.
Top, respected criminal defense attorneys understand how to navigate the legal intricacies involved in these motions. They know how to uncover and document the causes of delay, demonstrate governmental fault, and present compelling arguments that force judges to seriously consider whether dismissal is warranted. It’s not enough to say your rights were violated—you need a lawyer who can show it in a way the court cannot ignore.
When Other Lawyers Fail – We Succeed
At LEWIS & DICKSTEIN, P.L.L.C., we have successfully litigated speedy trial delay motions in misdemeanor and felony cases across Michigan, including high-stakes and high-profile matters where the odds were stacked against our clients. Many defense attorneys either fail to recognize a viable speedy trial claim or lack the experience and skill to craft a winning argument. We often hear from clients who were told by other lawyers, “There’s nothing you can do,” or, “The judge will never grant that motion.” They come to us when they’ve lost faith—and we give them a reason to believe again.
Our team works relentlessly to protect our clients’ constitutional rights and hold the government accountable when it violates the law. We don’t back down from challenging prosecutors or pushing judges to enforce the rules. With decades of collective experience and a reputation for fearless, strategic defense, we know how to get results—even when others have failed.
When your freedom is on the line, don’t settle for someone who takes shortcuts or gives up too easily. Choose the defense team that knows how to win.
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 call us for a free consultation. We will not let you down, and we are not afraid to win!
If you suspect you have the right to a dismissal due to a speedy trial delay or violation, we will take the time to talk with you, answer your questions, and address your concerns.
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!
