QUESTION

Is it possible to get a case tossed out on procedural grounds without needing to post bond or show up personally in court?

Asked on Dec 30th, 2020 on Criminal Law - Colorado
More details to this question:
Long story short, I recently had my passport revoked while abroad due to a state felony arrest warrant being issued for me about 8 years ago. During my time abroad, I have filled my US taxes every year, voted in every election (same district that has filled the charges), been registered in the Smart Traveler Program with the US Department of State, and even had my social media location set to my actual city. My correct and proper address has been on file in all these locations under my real name this entire time. I have never tried to hide who I was or my location. I understand that there is a possibility that my right to a speedy trial may have been violated in this instance. Even though I have been abroad this entire time, it is my understanding that my rights to a speedy trial guaranteed under the constitution (not statutory rights) may cause the case to be dismissed. My question is, do I have any leg to stand on seeing as the government has never tried to extradite me?
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1 ANSWER

Criminal Defense Attorney serving Boulder, CO at Miller & Harrison, LLC
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You have identified a  potential defense to try, but the law does not necessarily require law enforcement to try to track you down. It is not uncommon for an arrest warrant to sit, awaiting the person to be contacted by the police for some reason.  However, 8 years is a long time. Certainly you are right that statutory speedy trial will not help you but constitutional speedy trial may be a grounds to peruse. It is likely it would be necessary to show 'prejudice' (witnesses no longer available, etc.).  Also, there is an argument,ent that 'speedy prosecution' violation could be argued.  I once had a case where the defendant was in a halfway house and the prosecution waited until he was almost down with his other sentence before arresting him.  It was a case where witnesses had moved on and could not be found etc. The judge eventually did dismiss the case. Such results are rare but could be tried. That said, it is unlikely that could be done without you being physically present by turning yourself in on the warrant to get the case moving.  During COVID times, however, many hearings are being done via video and possibly that could be used to make the process less onerous.  What county is the warrant in? What is the charge the arrest warrant alleges?  BOTH of those issues can make a big difference in how the case gets handled.
Answered on Dec 31st, 2020 at 6:39 AM

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