QUESTION
Do I have a right to a speedy trial or do I have to wait for blood work for a fifth offense OWI with minor child in car?
Asked on Mar 10th, 2014 on DUI/DWI - Florida
More details to this question:
I went for my plea today and was told that the district attorney did not file anything against me yet. I was told that the blood work which was taken 39 days ago is not back yet. My Breathalyzer was 0.008 really, no mistake in the number.
8 ANSWERS
Michael J. Breczinski
They will not file anything without a test that shows that you were under the influence of something. You just have to wait.
Answered on Mar 12th, 2014 at 11:55 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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DA has 1 year to file charges. Probably won't.
Answered on Mar 12th, 2014 at 11:49 AM
Your right to speedy trial begins the day you are arraigned. Since no charges have been filed, the time doesn't begin to count yet. But you need to hire a DUI specialist, and do it soon because you have only 10 days to save your license from the DMV.
Answered on Mar 12th, 2014 at 11:44 AM
Criminal Law Attorney serving Van Nuys, CA
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Law Offices of Naser J. Khoury
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Your right to a speedy trial starts after the District Attorney decides to file a criminal complaint and you are arraigned. For misdemeanor cases they have up to one year to make the decision to file. In a felony case generally they have up to three years, however, there are other offense which have a longer statute of limitations.
Answered on Mar 11th, 2014 at 10:58 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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Speedy trial attaches when the charges are filed. After charges are filed you have a statutory right to be brought to trial within a certain time frame depending on whether the charges are misdemeanor or felony and whether you are in custody or out.
Answered on Mar 11th, 2014 at 10:43 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney, this is a serious - prison time - offense and an indicia of a good defense.
Answered on Mar 11th, 2014 at 10:30 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Possibly. Retain an experienced OWI attorney to see if any motions can be filed.
Answered on Mar 11th, 2014 at 10:28 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Talk to your attorney about filing a Speedy Trial request. Once filed it cannot be withdrawn.
Answered on Mar 11th, 2014 at 10:23 AM