Speedy Trial Rights Violation

Summary

In New Brunswick, a 3-month trial delay may violate the right to a speedy trial. If deemed unreasonable and prejudicial, charges could be dismissed. Consult a local lawyer for specific guidance.

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What happens if a case is 3 months late for a right to speedy trial in New Brunswick
In New Brunswick, if a case violates the right to a speedy trial, the accused can apply for a stay of proceedings. This means the court may dismiss the charges if the delay is deemed unreasonable and prejudices the defense. Specific legal advice should be sought from a lawyer familiar with New Brunswick law.
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How likely is a charge to be stayed in that case
The likelihood of a charge being stayed for a violation of the right to a speedy trial depends on several factors, including:
- Length of the delay
- Reasons for the delay
- Whether the delay has prejudiced the defense
- Complexity of the case
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3 months of delay, prosecutor was not ready to go to trial
In Nova Scotia, if there's a delay of 3 months and the prosecutor isn't ready for trial, it may impact the right to a speedy trial. Consider:
- If the delay is unreasonable and affects your defense, you can apply for a stay of proceedings.
- Courts will evaluate the length and reasons for the delay.
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