Legal Question in Criminal Law in Minnesota
i have been charged with poss.of meth prafanaila 5th degree felony it has now been three yrs n there is still no trial date is there a time limit for them to take me to trial,i refuse to accept any plea and the pros.continue`s to not set a court date shoun`t my laywer demand it be dismissed
2 Answers from Attorneys
"Be careful what you wish for." You (your lawyer) can make a speedy trial demand. But unless a defense victory is more likely than not, that normally would be a bad idea. Time generally favors the defense, especially when measured in years.
If you make a speedy trial demand, your trial date may be held within sixty (60) days of the request unless good cause precludes that from occurring. I agree with counsel, that time generally favors the defense as witnesses become more difficult to procure and memories fade.
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