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
1 Answer from Attorneys
Joseph Murray
Joseph M. Murray, Esq.
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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