Child Delinquency Case Delay

Summary

In Mississippi, the right to a speedy trial is constitutionally protected. If your case is delayed, you can file a motion to dismiss based on Mississippi Code § 99-17-1, which mandates trial within 270 days of arraignment unless a valid reason for delay is shown. Additionally, you can request a status hearing under Mississippi Uniform Rules of Circuit and County Court Practice, Rule 8.01, to address the delay and expedite your case. Consider consulting a local attorney for personalized guidance.

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I live in Pearl, MS and was cited for the below violation. The court claims the violation is still pending due to an ongoing case. Violation CONTRIBUTING TO DELINQUENCY OR NEGLECT OF CHILD Issued: */*/* Status REVIEW HEARING
Hi Taylor! This sounds like a serious matter. Contributing to the delinquency or neglect of a child can carry significant consequences in Mississippi.
Do you have any additional details about the circumstances leading to the citation that might help better understand your situation?
The violation was issued * and no action has been taken by the court since then. Does the statute of limitations apply to my circumstance? Are they legally able to draw out my right to a speedy trial?
In Mississippi, the right to a speedy trial is protected by the Constitution. Generally, courts aim to balance the defendant's right against any valid reasons for delay. The statute of limitations typically applies to the time between the offense and charges being filed, not the trial process.
- Mississippi Code § *-*-*: Requires trial within 270 days of arraignment unless good cause for delay is shown.
Would you like to know more about how to address this issue in your specific case?
yes
In your situation, Taylor, it's important to address the delay and your right to a speedy trial. Here are some steps you can consider:
- File a motion to dismiss based on the violation of your right to a speedy trial.
- Request a status hearing to address the delay.
Would you like more information on how to proceed with these steps?
yes and please cite source
Here are the steps you can take and their sources:
- File a Motion to Dismiss: You can argue that the delay violates your right to a speedy trial.
- Source: Mississippi Code § *-*-*: "All offenses shall be tried within 270 days of arraignment unless good cause for delay is shown."
- Request a Status Hearing: This will help you understand the reason for the delay and potentially expedite your case.
- Source: Mississippi Uniform Rules of Circuit and County Court Practice, Rule *.*
Would you like detailed steps on how to file these motions?