How to force a misdemeanor criminal case to trial or dismissal?
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How to force a misdemeanor criminal case to trial or dismissal?
Neither my judge nor state will allow case to go to a trial despite motions claiming constitutional rights, and financial and health hardship. The 11/08 misdemeanor offense was set for jury trial 11/09; the state did not present any pre-trial materials whatever (I did) and had trial rescheduled to 07/10 due to a “more important trial”; in July again the state had no discovery/motions but again got the trial rescheduled to 02/11 due to “unavailability of police witness”. Judge does not even read defendant’s motions/discovery and is hostile. Do I have any options here?
Asked on August 31, 2010 under Criminal Law, Tennessee
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am assuming that you do not have an attorney helping you with all of this. It may be the time to get some help here. Every state has rules of criminal procedure that are based upon a defendants right to a "speedy trial". These are based broadly on your Constitutional Rights. Generally it is the obligation of the Prosecutor to bring the matter before the court and to try the matter within the time frame. Defendants are given more leeway under the "innocent until proven guilty" theory that is the basis of our criminal system. Try legal aid or any pro bono organization that can help you figure out where you are and what to do. Good luck.
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