It is discretionary with the Judge in charge of your brother's case. All defendants have an absolute right to a speedy trial. However, the Court may grant adjournments of the trial proceedings, for good cause shown, either on behalf of the prosecution or the defense. If all the delays are not the fault of the defense, upon proper motion and argument, the case has the possibility of being dismissed. This is not to say the the charges can again be re-instated against your brother at a later time, as jeopardy has not yet attached.
Answered on Mar 16th, 2012 at 5:35 PM