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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-31-2004, 09:32 PM
dano1296
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2 yr. old drug case with no end in sight, how long can I be held in legal limbo?


What is the name of your state?What is the name of your state? Arizona
I have been charged with having one pipe with meth residue on it this drug paraphernalia class 6 felony charge is now in its 23 month as their case against me has been tainted by police misconduct which was accidently revealed by the officers through their own paperwork yet the DA won't drop the charge nor will they take me to trial as they have postponed my last 4 court appearances. I also have sued the county in which I am charged with drug paraphernalia which is only a minor offense one in which probation is mandated. I sued because of clear and convincing evidence shows misconduct my civil rights case is presently ongoing in the federal district court venue. What are my options can I change venues and still be entitled to sue for malicious prosecution since they have dangled me in legal limbo for nearly 2 years evidently with their full knowledge that the case was tainted beyond any possibility of convicting me? Can they hold me to this charge until I'm forced to accept their plea bargain offer due to financial ruin? The terms of the plea bargain are so favorable to me that it is clear they have no grounds to take my case to trial I was offered an immediate misdomeaner conviction with no probation when the normal plea bargain deal is a felony to be reduced to a misdemeaner only after a clean 4 year probation is completed. I don't want to remain in legal pergatory but I surely have figured out that legal pergatory beats convicted anyday. I'm slowly but surely going broke yet I don't know what all of my options are.
  #2  
Old 11-04-2004, 12:26 PM
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Join Date: Nov 2004
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you need to remind the d.a that it is your constitutional right to a speedy trial !
  #3  
Old 11-04-2004, 01:10 PM
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Join Date: Apr 2003
Location: Long Island, NY
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Quote:
Originally Posted by sparky1171
you need to remind the d.a that it is your constitutional right to a speedy trial !
I think the right to a speed trial applies only to those charged and incarcerated until trial...someone will correct me if I'm wrong.

Dano, your situation can best be addressed by a local attorney. Research your city or county laws, you may find a time limit established by case law.
  #4  
Old 11-04-2004, 09:56 PM
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Location: california
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What did your criminal defense attorney say when you asked these questions? What did your civil attorney say when you asked these same questions?
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