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 12 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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