I waived my right for a speedy trial, under the agreement my case would be dismissed after a year.
They have a right to continue prosecuting me if I commit a misdemeanor.
Can I take this agreement back and demand they continue prosecuting me.
This may sound dumb to most or all but I have decided I want to go to court.
I was charged with a misdemeanor of beating my 17 old son.
Asked on 11/27/09, 11:41 pm
1 Answer from Attorneys
Maury Beaulier612.240.8005
Minnesota Lawyers
It soounds as if you received a Stay of Prosecution where no plea is entered. the proceedings are stayted for a period of time (usually one year), and if you violate the terms of the agreement, such as remaining law abiding, you can be brought back to court and the case continues forward. Generally, a Stay of Prosecution is a good result and, if you abide by all conditions, the matter is dismissed.
You can certainly withdraw the agreement and proceed with a trial. There are obvious serious risks to such a decision.
For a consultation call 612.240.8005.
Answered on 12/02/09, 11:57 pm
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