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Started By
Message
Question for OT lawyers regarding speedy trial
Posted on 4/16/14 at 12:25 pm
Posted on 4/16/14 at 12:25 pm
I was arrested for a misdemeanor crime December 17, 2013, and some of my property was seized as evidence
LA statute
If I'm reading the statute right, I have to be indicted and charges accepted by the DA within 90 days of my arrest, and arraigned on the charge within 30 days of notice. 120 days max
It has been 120 days total since my arrest. I have not been served a notice to appear, I have not been arraigned, and the DA has not formally filed charges
I should be able to just go get my property back right and assume they aren't going to/can't pursue this any further?
LA statute
If I'm reading the statute right, I have to be indicted and charges accepted by the DA within 90 days of my arrest, and arraigned on the charge within 30 days of notice. 120 days max
It has been 120 days total since my arrest. I have not been served a notice to appear, I have not been arraigned, and the DA has not formally filed charges
I should be able to just go get my property back right and assume they aren't going to/can't pursue this any further?
This post was edited on 4/16/14 at 12:26 pm
11
Posted on 4/16/14 at 12:26 pm to KBeezy
quote:
should be able to just go get my property back right and assume they aren't going to/can't pursue this any further?
No. You don't have rights. Good luck.
Posted on 4/16/14 at 12:28 pm to KBeezy
Kids nowadays...
Posted on 4/16/14 at 12:35 pm to KBeezy
No lawyer should issue you advice on this matter over an internet forum. The people giving you advice are either practicing without a license or fricking with you. Go get a local area criminal attorney, tell him/her the situation, and ask his/her advice. If all you do is get his advice on the matter, it shouldn't be prohibitively expensive. If you have him represent you, I would still think it would not be prohibitively expensive.
Seriously. Go find yourself a lawyer. Don't rely on the advice offered herein... Except the advice I just gave you.
Seriously. Go find yourself a lawyer. Don't rely on the advice offered herein... Except the advice I just gave you.
Posted on 4/16/14 at 12:38 pm to KBeezy
So you want to enforce the law against the DA, so as to avoid the law being enforced against you?
Posted on 4/16/14 at 12:39 pm to KBeezy
Best advice in any of these threads: go see a lawyer.
Posted on 4/16/14 at 12:40 pm to Pettifogger
quote:Derrrrrr.
So you want to enforce the law against the DA, so as to avoid the law being enforced against you?
Posted on 4/16/14 at 12:46 pm to LoveThatMoney
Lawyers are expensive as frick
Posted on 4/16/14 at 12:46 pm to LoveThatMoney
I put the question to an attorney friend of mine this morning and she is asking one of her friends who does criminal defense
And I owe my lawyer some mula from an unrelated case from November
I'm just being impatient and thought maybe if it were cut and dry that someone could let me know
Or if in practice those timelines don't mean shite, let me know that
And I owe my lawyer some mula from an unrelated case from November
I'm just being impatient and thought maybe if it were cut and dry that someone could let me know
Or if in practice those timelines don't mean shite, let me know that
Posted on 4/16/14 at 12:49 pm to KBeezy
Your assessment is wrong. That only applies to the release of a bail bond obligation. The people on this forum are right, you need to go see a lawyer
Posted on 4/16/14 at 12:51 pm to KBeezy
It just means you are released from your bond obligation. Speedy trial doesn't mean much when you are out of jail.
You case is still sitting on the screeners desk likely waiting for a lab report or something like that.
You case is still sitting on the screeners desk likely waiting for a lab report or something like that.
This post was edited on 4/16/14 at 12:53 pm
Posted on 4/16/14 at 12:55 pm to Dizz
There is no lab report that's for sure
Posted on 4/16/14 at 12:58 pm to KBeezy
Let me guess they seized a gun?
Posted on 4/16/14 at 12:59 pm to Dizz
Yes they did
Posted on 4/16/14 at 1:01 pm to KBeezy
They have two years to file the bill.
Posted on 4/16/14 at 1:03 pm to KBeezy
Fletcher Reede would like to tell you something.
Posted on 4/16/14 at 1:05 pm to KBeezy
It depends. Is the DA Jack McCoy? If so, you be fricked.
Posted on 4/16/14 at 1:28 pm to KBeezy
quote:
Yes they did
Go hire an attorney if you want your guns back, cops love to use a seizure to increase the arsenal.
Posted on 4/16/14 at 1:29 pm to LoveThatMoney
quote:
Except the advice I just gave you.
Don't listen to him, he can't even spell.
Posted on 4/16/14 at 4:40 pm to LoveThatMoney
quote:
No lawyer should issue you advice on this matter over an internet forum.
Why not?
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