Legal Question in Criminal Law in Kansas

My case at municipal city court in KS was dismissed without prejudice by judge on day of trial in 1st week of March 2012 due to lack of prosecution witness. The city refiled and sent a citation in mail after mid January 2013. The 1st opportunity for trial that city set was in mid June with almost over 450 days between dismissal and next trial date Is this violation of Speedy trial in KS ? Is it be a speedy trial violation if over 300 days pass between dismissal of 1st trial to refiling case again when the case was dismissed because city could not continue for lack of city witness ? Any information is appreciated.... Thanks much !

Asked on 9/26/13, 9:23 am

1 Answer from Attorneys

Anthony Smith LawSmith

There is no set time period for what violates the requirement for a speedy trial. The time is measured between the date of new citation and tria, while defendant is in custodyl. Appellate courts do, not usually measure from date of prior dismissal, as long as statute of limitation period for the offense charged.

Good luck

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Answered on 9/28/13, 5:20 am

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