QUESTION
My friend is being held without trial. What are his options?
Asked on Apr 04th, 2013 on Criminal Law - Minnesota
More details to this question:
My friend is being held in jail accused of a charge of statutory rape. He is a prior offender specifically in gang related crimes unrelated to his current charge. However, since his release, he has become a law abiding citizen with a wife and 3 children. His record showed no offenses between his release and this most recent accusation. It has now been over a year sense his incarceration. The initial judge as well as his initial public defender is no longer presiding over his case, yet still he is being held and the system keeps delaying his trial. What are his options if any?
4 ANSWERS
John J. Carney
He should ask his public defender. He will either plead guilty or go to trial. Most people eventually plead guilty because the evidence would be so strong at trial that the jury would convict them. I cannot advise you on a case I know nothing about.
Answered on Apr 07th, 2013 at 9:34 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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I am assuming that he was assigned a new public defender. Also, somewhere during the process, he must have agreed to waive his right to a speedy trial. He needs to speak to his public defender. His only other option is to hire private counsel to represent him.
Answered on Apr 07th, 2013 at 8:33 PM
Michael J. Breczinski
His attorney can file a motion to dismiss for violation of speedy trial. This should get a dismissal or an immediate trial.
Answered on Apr 07th, 2013 at 8:17 PM
Auto Accidents Attorney serving St. Paul, MN
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Arechigo & Stokka, P.A.
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He can demand a speedy trial and also file a motion seeking his release from jail. If he no longer has an attorney representing him, he'll need one right away.
Answered on Apr 05th, 2013 at 10:49 AM