Mississippi 270 Day Rule

Summary

In Mississippi, the 270 Day Rule requires the state to bring a defendant to trial within 270 days of arraignment. If this period is exceeded without valid reasons, the case may be dismissed. Delays due to crime lab backlogs can occur, but its important to discuss options with an attorney, such as filing a motion to expedite or dismiss the case. If dismissed, you may be eligible for a bond refund. Consider consulting a local attorney for guidance on drafting a motion to dismiss and understanding your rights under this rule.

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I was arrested in May of * had to go before a judge to get a bond set. Bonded out and have never been had a court date set. I found out that May case has never been presented to the grand jury yet
Hi Scotty! It sounds like you're dealing with a delay in your case being presented to the grand jury. In Mississippi, cases must typically be presented to the grand jury within a reasonable time. Have you contacted your attorney or the court to inquire about this delay?
Yes I have contacted the courts and they said it has not been presented to grand jury because of crime lab is backed up
Hi Scotty! It sounds like the delay in your case is due to the crime lab's backlog. This can happen sometimes. Have you spoken with your attorney about potentially filing a motion to expedite the case or any other options?
No
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Scotty, it might be helpful to discuss with an attorney about filing a motion to expedite your case. They can guide you on the best steps to take. If you need further assistance, let me know!
What about the * Day rule
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In Mississippi, the * Day Rule refers to your right to a speedy trial. The state must bring a defendant to trial within 270 days of arraignment unless there are valid reasons for delay.
Have you discussed this rule with your attorney?
No
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Scotty, discussing the * Day Rule with your attorney could be crucial. If the state fails to bring you to trial within 270 days of your arraignment without valid reasons, your case may be dismissed.
Would you like more detailed information on this rule or any assistance connecting with local lawyers?
Yes more details
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Would you like to be connected to local lawyers who can better assist you with your case?
The * Day Rule in Mississippi ensures the defendant's right to a speedy trial. The state must bring you to trial within 270 days of your arraignment unless there are valid reasons for the delay. If this period is exceeded without valid reasons, your case could be dismissed.
Can you provide a bit more information about the issue?
What kind of details
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Scotty, the details that would be helpful include:
- The date of your arraignment.
- Any communication or documentation you received regarding the delay.
- Any specific reasons provided for the delay beyond the crime lab backlog.
Would you like to connect with local lawyers who can assist you further with your case?
How can I handle this myself
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Hey Scotty, you can handle this yourself by following these steps:
- Date of Arraignment: Verify the date of your arraignment to calculate the *-day period.
- Documentation: Collect any communication or documentation regarding the delay.
- Reason for Delay: Confirm the specific reasons for the delay beyond the crime lab backlog.
Discuss these points with your attorney to explore filing a motion to expedite your case or seeking dismissal based on the * Day Rule.
How can I file a motion to dismiss based on * Day rule
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To file a motion to dismiss based on the * Day Rule in Mississippi:
- Draft the Motion: Include details like the date of arraignment and reasons for the delay.
- File the Motion: Submit it to the court where your case is pending.
- Attend Hearing: Be prepared to present your argument in court.
Consulting an attorney for precise guidance is recommended.
How do I draft a motion
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Hey Scotty, to draft a motion to dismiss based on the * Day Rule in Mississippi, follow these steps:
*. Title and Introduction:
- Title: "Motion to Dismiss"
- Include your name, case number, and court details.
*. Statement of Facts:
- Date of arraignment.
- Timeline and reasons for delay.
*. Legal Basis:
- Cite the * Day Rule and relevant Mississippi statutes.
*. Argument:
- Explain why the delay violates your right to a speedy trial.
*. Conclusion:
- Request the court to dismiss the case.
*. Signature:
- Sign and date the motion.
Would you like more details on any specific section?
Yes all sections
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Sure, Scotty! Here’s a concise guide on drafting each section of the motion to dismiss:
*. Title and Introduction:
- Title: "Motion to Dismiss"
- Include your name, case number, and court details.
*. Statement of Facts:
- Date of arraignment.
- Timeline and reasons for the delay.
*. Legal Basis:
- Cite the * Day Rule and relevant Mississippi statutes.
*. Argument:
- Explain why the delay violates your right to a speedy trial.
*. Conclusion:
- Request the court to dismiss the case.
*. Signature:
- Sign and date the motion.
Would you like more detailed information on any specific section?
Do you have an example or template
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Sure, Scotty! Here is a simplified example of a Motion to Dismiss based on the * Day Rule in Mississippi:
---
Title and Introduction:
```
Motion to Dismiss
[Your Name]
[Case Number]
[Court Details]
```
Statement of Facts:
```
*. Arraignment occurred on [Date].
*. As of [Current Date], [Number] days have passed since arraignment.
*. The case has been delayed due to [Specific Reasons e.g., crime lab backlog].
```
Legal Basis:
```
*. Under the * Day Rule (Mississippi Code § *-*-*), the state must bring a defendant to trial within 270 days of arraignment.
*. The delay exceeds the 270 days without valid reasons.
```
Argument:
```
*. The delay infringes upon my right to a speedy trial as protected under the * Day Rule.
*. The reasons provided for the delay do not justify exceeding the *-day limit.
```
Conclusion:
```
Therefore, I request the court to dismiss the case against me on the grounds of the * Day Rule violation.
```
Signature:
```
[Your Signature]
[Date]
```
---
Would you like more detailed information on any specific section?
Do I get my braid money returned because I have never got a court date set.
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Whether you get your bond money returned depends on the outcome of your case. If your case is dismissed due to the * Day Rule violation, you may be eligible for a bond refund. Consult your attorney for precise guidance on this matter.
Do you need any further assistance?
Bond is surety that I will show up to court.
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In Mississippi, bond is indeed a surety that you will show up to court. If you haven't had a court date set and your case is dismissed due to the * Day Rule, you might be eligible for a refund of your bond.
Would you like more details on how to proceed with this or any other assistance?
Yes
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Would you like to be connected to local lawyers who can better assist you with your case?