Appeal Reversal Trial Timeline

Summary

In Virginia, after an appeal is reversed and remanded, the lower court sets a new trial date based on its schedule. Speedy trial rules require trials within specific timeframes depending on the charge and custody status. If a police officer lies under oath, gather evidence, consult an attorney, and consider filing a motion to dismiss.

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Does speedy trial apply?
In Virginia, the speedy trial statute generally requires that a defendant be tried within certain timeframes:
- For a felony charge, trial must occur within five months if incarcerated, or nine months if released on bail.
- For a misdemeanor, trial must occur within 60 days if incarcerated, or 90 days if released on bail.
These periods start from the date of the defendant’s preliminary hearing, indictment, or arrest, whichever occurs first. However, exceptions may apply based on case circumstances. It's advisable to consult the clerk or a legal professional for details specific to your situation.
How to get prosecutors to drop charges on a case, when the police officer lies under oath at the first trial
In Virginia, if you believe a police officer lied under oath, consider the following steps:
- Gather Evidence: Collect any evidence or witness statements that contradict the officer's testimony.
- Consult an Attorney: A lawyer can help assess the strength of your evidence and advise on strategy.
- File a Motion: Your attorney can file a motion to dismiss based on prosecutorial misconduct or false testimony.
- Report Misconduct: Report the alleged perjury to the court or relevant authorities.
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