Legal Question in Criminal Law in Massachusetts

I have a question regarding my right to a speedy trial in Massachusetts. I had an OUI case (incident date February 2009), that was later dismissed with prejudice in May 2009 due to the military deployment of the officer. I recently received an "application for criminal complaint" to reinstate this charge. It has been 1.25 years since the original dismissal. I've heard that the court would make a decision on my right to a speedy trial based on the individual circumstances of the case. Does this military deployment constitute a valid reason for the delay and reinstatement?

Asked on 8/09/10, 12:52 pm

Joseph Murray Joseph M. Murray, Esq.

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If it was dismissed "with prejudice" it can usually not be refiled.

Retain an attorney to research this and defend you against the refiled complaint. Good Luck!

Answered on 8/17/10, 5:42 pm

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