Legal Question in DUI Law in Kansas

I was arrested about 4 months ago for a DUI. My arraignment date was Nov. 10th and I was told that day, the state had not formally charged me yet. My question involves my right to a speedy trial. Does the state have a specific period of time to formally charge me?

Asked on 12/23/10, 4:31 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If the State asked for a continuance four months ago, you may be able to request taht the charges be dismissed. The Judge may feel that four months is not too long (many cases go longer) and your request may move you to the head of the line in the Prosecutor's eyes. But, if it wa syou that requested a Continuance at your Arraignment, (such as for time to get legal counsel) then the State has not extended the time, you have. Generally, if they hav ento formally charged you within a year, you may be successful in getting the case dismissed. It is curious that you had an arrignment, but you sy you were not charged. Since you could do jail time, you should probably consult directly with an attorney in your area, rather than on general answers to your generalized questions online. Many attorneys offer a free or low cost initial consultation.

Good luck

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Answered on 12/31/10, 11:51 am

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