What is the length of time the State must have a trial for someone arrested for DUI, if no rights were waived?\n\nThe city in question transfered the case to 'Superior Court'. The defendant has not signed anything, such as a waiver for right to a speedy trial.\n\nFurthermore, if he is not taken to trial in the time specified, how can he get the case dismissed. He can not afford an attorney, and he was hoping to get one appointed to him, but has not had the chance to do so.\n\nThanks.
208409
You can file a motion for dismissal on the grounds that the defendant's right to due process has been violated, but this is something that is really best left to an attorney.\n\nIt is extremely rare that a motion for dismissal filed by someone representing him/herself is successful.
112411
You could always put a search in on the net.  Enter the guys full name in the search bar and see what comes up.  Also, the county of this persons origin, or for certain where the trial would have been held would have the records, which should be a matter of public record.  And...why would you want to find him?  Sounds like he didn't want to have anything to do with you, and make a clean break.  think about it first gf.
233836
Yup.  Except for one small problem:  he probably waived that right during one of his first court appearances.  Standard question to a criminal defendant in a pre-trial conference is "do you waive time?" or some other equally vague phrase. \n\nThat little ambiguous phrase means "do you waive your right to a speedy trial."  Most defendants, at the advice of their lawyers, waive the right to a speedy trial to ensure that the defendant has enough time to prepare for his defense.
500130
Not legal, I had this happen, passed their breath test and they held me 4 hours til I submitted to a blood test.  Also, no lawyer or phone call.  Not only did I win my case, but sued for false imprisonment and settled for 500 grand plus lawyers fees.
3014
Um...maybe you didn't really "prove your case."  Also, the city was not obligated to make sure you had an attorney to represent you.  Courts aren't perfect, but c'mon.
240672
Call the local bar association in that county.  They should be able to hook you up w/ someone who will take the case on a contingency basis.
87601
you really need to talk somebody who knows Illinois state law. That is what they're going to get you under, and a good lawyer. There is a case Arizona v. somebody I can't remember right now. The summary is that they police can stop you for cause. They thought this man was a suspect in a nearby robbery so they stopped him and patted him down. No Gun nor stolen goods. however they did find a pack or MJ in his pocket. It was deemed inadmissible by the courts eventually upon appeal because the police can make up a probable cause that is unrelated to what they were looking for.\n\nHowever you are probably in trouble because the courts will most likely find that alcohol in the backseat is enough cause. Find a good criminal defense attorney or plea. Doesn't matter that it wasn't your beer. You were driving the car.
106647
Yes and no. If he continues to waive time or he and his lawyer ask for more time to resolve pre-trial issues, it will take as long as it takes. There have been people who have been in county jail for as long as 7 years. That person was found guilty of a felony and senteced to time served. (Back story was he had a contract out on his life and knew that he would be killed in prison. So, he delayed and delayed until he had been there 7 years. Smart criminal.)\n\n\nCharles Ng, a serial murderer in CA, used his knowledge of the law to delay his murder trail 13 years!!! Pretty gruesome, but read about him and his trail here:\n\nhttp://www.crimelibrary.com/serial_killers/predators/ng/call_1.html
30230
Basic answer: I'm fairly sure it's what is known as a 16-2-3 felony...meaning you can get 16 months, 2 years or 3 years in prison.\n\nDon't freak out.  Post some more information and I can probably narrow that down for you.  Sometimes we charge 11350 and we're wrong.  Here's what I would want to know to give you a better idea:\n\nWhat was the drug?\n\nHow much of it was there?\n\nDoes the arrestee have prior convictions for anything?\n\nIs the arrested person on probation or parole?\n\nAnd above all else, it ain't over until the fat lady sings, and nobody gets punished for anything if they're not guilty.  \n\nPost some more details and I'll keep an eye on this question so I can come back and edit my answer.\n\nDon't tell me anything the police don't already know (in other words, don't tell me your boyfriend got arrested for a quarter gram of cocaine but the cops missed the four kilos at the house).\n\n2/9/06: Well, depending on the county he's on probation in, prison is certainly a possibility.  Failing to appear and having a dirty test are bad enough, but to have more cocaine (and based on the 11350 charge you're asking about, I'm assuming it was coke...meth would be 11377) on him when he was arrested is certainly not good.  He may well have probation revoked and reinstated (basically a "do-over") and might end up with a lengthy stay in jail as a sanction.  I have to tell you, though...depending on the county you guys are in, prison is not out of the question.  Some counties are lenient and others are not.  Prop 36 (not 39) court is a good thing, but you have to behave if you want to stay in it.  \n\nWas he charged with a new possession offense when he was arrested, or are they handling the dope he had on him when he was arrested as just a violation of probation?  I would imagine they'll handle it as a violation of probation, rather than opening a whole new case...and a VOP can sometimes carry a stiffer penalty than a new case.  A lot of this will also depend on what the terms of his probation were when he was put into Prop 36 court.  If he received a suspended sentence (meaning that the judge told him he will send him to prison if he screws up *again*, but will let him do Prop 36 instead), he may very well go to prison on this new violation.  \n\nThere's a lot of variables and once your boyfriend has had a chance to talk with his attorney, he'll have a pretty good idea of where his case is heading.\n\nIf you are really as unfamiliar with drugs as you've said, I've got to suggest that maybe this guy is not for you.  It would appear that he's a little *too* familiar with drugs...and although that wasn't your question, that is my answer.\n\nBest of luck to both of you.
215578
Have you been arraigned on this charge?  If the DA is going to file charges then you will need to hire an attorney.  If you can't afford an attorney a Public Defender will be appointed on your behalf.  You will have a Preliminary hearing where the judge will determine if the DA has enough evidence to take the case to trial.  To be convicted a jury must find you guilty beyond a reasonable doubt based on the evidence.\n\nYou have not provided enough information to get an honest opinion of your guilt or innocence and the likelihood of a conviction based on the evidence the authorities have.  You are leaving a lot out of the story.
507609
You have to know and demand your rights, as does your attorney (most don't).\n\nHave him file a motion to dismiss based on the speedy trial rule...\n\nThat usually works.
273122
I am in the same position. I have talked to several attorneys in regards to this. I was advised the go to the county's bar association and let them know of the situation. they can refer you to a lawyer that is more affordable and perhaps will take payments. the only other option and the one that we have decided to go with for the time being is the public defender. there are a lot of good ones out there. good luck!
590622
Yes, I was hit by a drunk driver who left me for dead. He was only tracked down because an eye witness came forward. I hired an attorney because I had extensive medical bills, lost my job and my car was totaled. My attorney told me that I did not need to appear because they would be taking testimony from the other side and I would be called the following week. Unbeknownst to me, though, the attorney made a deal with the other side citing that I didn't bother to show up in court. All told, the guy walked away scot free and the attorneys took everything.
540839
Everytime I get arrested(which is quite often and matter of fact the last time was Wednesday...Just got out Thursday morning) I have my "First Apperance"(which is usually held inside the jail somewhere) the next day or two, which at First Apperance they give you the chance to bond out and sentence you. You don't get your 'real' court date(in the courthouse) until at least two weeks later, but sometimes it can take up to a month or more. It sounds like what happened to your friend is 1) He couldn't make bond 2) They didn't issue him a bond, which means he has to stay till his 'real court date' at that time they will either give him time served and let him out or give him probation or 3) He already went to court and has to do his time period
27113
I would send a letter to the court and motion the court to dismiss with prejudice the charges for a lack of timely filing.  The prosecutor has time to file these charges.  I hope that you won't get yourself into this jam again.
657712
There is no statute of limitations when a person flees from prosecution. That is an additional and serious charge.
433700
That's a huge fish story.....true or not. My first question comes from the first arrest as why you didn't go down to the local police station and have your vehicle checked by a drug dog to avoid the second incident. I then wonder why, after the first arrest, you didn't head to your local doctor and get a blood test proving you were not using. This doesn't appear to have been done for the second arrest either. So, what you are left with is a mountain of evidence against you. Considering these are both felonies, any deferment, agreement, plea deal you make will instantly make you a convicted felon, a label that lasts a lifetime. Tread carefully grasshopper, you are in very dangerous waters.