My Girlfriend has been in jail for 6 months shad 3 arraignments but all 3 were canceled. Cna her case be throwen out?
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My Girlfriend has been in jail for 6 months shad 3 arraignments but all 3 were canceled. Cna her case be throwen out?
Asked on May 11, 2009 under Criminal Law, Washington
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
I assume you are in Washington state and not Washington, DC. I will also assume these are state and not federal charges.
You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.
This right can be waived by asking for additional time for the preparation of your defense.
With limited exceptions, a defendant should be brought to trial in Washington:
- 60 days if the defendant is detained in jail
- 90 days if the defendant is not in jail
- If the defendant has been released from jail before the 60-day time limit has expired, the limited is extended to 90 days
You really should speak to a lawyer about this. I assume at this point that you already have one; if not got to the public defender or legal aid.
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