My son got in trouble years ago, was arrested, sent to prison, and served his time. He has been out about six years. He has been employed with the same company about five years, is married, and has kept his nose clean. He was contacted by a local police station, that informed him that they had found a warrent from fourteen years ago. He had to turn himself in, be locked up, and bond out. He has to go to court next month. What is the best way to handle this situation?
Answered on: 10/21/11, 6:56 am by William Pfeifer
Your son needs to hire a knowledgeable criminal defense lawyer to file a motion to dismiss the case based on a violation of your son's right to a speedy trial. The United States Supreme Court case of Barker v. Wingo established a four-part balancing test for determining when a person's right to a speedy trial has been violated, and the situation you describe would meet all four parts of the test. Look for a member of the Alabama Criminal Defense Lawyers Association in your area, and hire the best criminal defense lawyer you can afford to have this charge dismissed. If the lawyer you talk to talks about taking a plea bargain in a situation like this, go hire someone else. Your son's case is due to be dismissed. Get him a good lawyer before his court date next month to make sure that happens.
Good luck to you.
William L. Pfeifer, Jr.
Attorney at Law
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