QUESTION

what motions can be requested of the court when there hasn't been a trial for 2.5 years?

Asked on Mar 25th, 2016 on Criminal Law - Tennessee
More details to this question:
Charges being faced : Attempted murder 2nd degree Armed robbery They has been no conviction trials have been put off for 2.5 years, and no hard evidence. What motions can be requested to the court at this point? Motion to compel? Motion of emergence to dismiss? Help please!
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1 ANSWER

Both the United States and Tennessee Constitutions guarantee criminal defendants the right to a speedy trial. U.S. Const. amend VI; Tenn. Const. art. I, § 9. A right to a speedy trial is also statutory in Tennessee. T.C.A. § 40-14-101. Tenn. Rule of Criminal Procedure 48 provides that the trial court may dismiss an indictment, presentment, information, or complaint if unnecessary delay occurs in bring a defendant to trial.  However, whether it would be applicable to your case I can not answer because each case is different and depends upon the facts as to why the case has not been taken to trial after 2.5 years. You should consult your attorney as to why it has taken so long. 
Answered on Mar 26th, 2016 at 2:02 AM

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