If it’s been 6 months since my misdemeanor marijuana arrest but still no trial, when does the right to fair and speedy trial become relevent?

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If it’s been 6 months since my misdemeanor marijuana arrest but still no trial, when does the right to fair and speedy trial become relevent?

Last week I sat through a day of jury selection. They didn’t get to my case and now I don’t know when my next is. This is getting excessive for a misdemeanor.

Asked on May 23, 2012 under Criminal Law, Vermont

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

Constitutionally, a person has a right to a speedy trial, which is generally within 180 days from the date of the arraignment. Be mindful however that criminal cases will from time to time get adjourned for various reasons, which may delay your trial date and not violate your right to a speedy trial. Not certain if your case has been adjourned, but it sounds likely. Speedy trial arguments are most successful when a case has been set for trial, the defendant is in jail, and months go by before the person is ever brought back before the court. Speak with your attorney to determine if you have a valid speedy trial argument, and if so, seek a dismissal.


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