Summary
In North Carolina, the right to a speedy trial is governed by the U.S. Constitution and state laws, but there is no specific statutory time frame like the federal 70-day rule. The 70-day period for a federal speedy trial begins from the date of the indictment or the defendant’s first appearance before a judicial officer, whichever is later, and does not include the date of arrest. In state cases, the trial must commence within a reasonable time. If you believe there is a violation of speedy trial rights, you can file a motion to dismiss. Grand Jury proceedings are secretive, and updates may not be readily available.Full Conversation
My husband had his first appearance on July *. His probable cause hearing was scheduled for August * but the Da chose to send it to the Grand Jury after a private conversation with the sheriff and my husband did not get a chance to speak at all. His next court date is December *. 4 months is ridiculous. AND the Grand Jury met a month ago and we still do not know what happened.
In Virginia, the Speedy Trial Act for state cases generally requires that a trial commence within five months if the defendant is in custody and within nine months if the defendant is out on bail, starting from the date of indictment.
- The delay of four months may be excessive, and it could be a violation of his speedy trial rights.
- Grand Jury proceedings are typically secretive, and updates may not be readily available.
Would you like more information on how to file a motion to dismiss for violation of the speedy trial rights?
I am in NC not VA
Thank you for letting me know you're in North Carolina.
In North Carolina, the right to a speedy trial under the U.S. Constitution and state law generally requires that cases be tried within a reasonable time. However, there is no specific time frame like in federal cases.
Would you like assistance on how to file a motion to dismiss for violation of speedy trial rights in North Carolina?
It is a State case and it says 70 days
In Virginia, the Speedy Trial Act generally requires that a trial commence within five months if the defendant is in custody and within nine months if the defendant is out on bail, starting from the date of indictment. The *-day rule typically applies to federal cases, not state cases.
Would you like to know more about filing a motion to dismiss for violation of the speedy trial rights in Virginia?
Why do you keep giving answers for VA we are in NC
I apologize for the confusion earlier. In North Carolina, the right to a speedy trial is governed by the U.S. Constitution and state laws, but there is no specific statutory time frame like the federal *-day rule.
Would you like more information on how to file a motion to dismiss for violation of speedy trial rights in North Carolina?
The70 day rule should apply to all cases
In North Carolina, there isn't a specific *-day rule for state cases. However, you can still argue for a speedy trial based on the U.S. Constitution.
Would you like to know how to argue for a violation of speedy trial rights or how to file a motion to dismiss based on this?
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