changing charges

[mary36]

What is the name of your state? MN
my brother has been charged with possession of drugs and certain persons not to have firearms. he was moving at the time and had all his personal belongings with him, including the guns. he legally bought the guns, but they didn't believe him. then they dropped the gun charge and kept the drug charges. now they are going to add another charge of possession of drugs with a gun. It has been 5 months since his arrest. they have cancelled court 3 times at the last minute. don't they have a certain amount of time to figure out what it is their going to do? is this normal?

 

[The State]

What is the name of your state? MN
my brother has been charged with possession of drugs and certain persons not to have firearms. he was moving at the time and had all his personal belongings with him, including the guns. he legally bought the guns, but they didn't believe him. then they dropped the gun charge and kept the drug charges. now they are going to add another charge of possession of drugs with a gun. It has been 5 months since his arrest. they have cancelled court 3 times at the last minute. don't they have a certain amount of time to figure out what it is their going to do? is this normal?

The 6th Amendment to the US Constitution provides that "In all criminal prosecutions, the accused shall enjoy the right to a speedy ... trial ...".
States can have the same 'speedy trial' right in their Constitution or statutes as well.

So the answer to your question is yes, there is a time limit on when the State must bring charges following an arrest. However, as with any 'right' it can be waived.

What that time limit is, how it is calculated, what constitutes a waiver, and the remedy for exceeding the limit varies among jurisdictions. Reference to the appropriate constitutional provision, State statute, or procedural rule will give you the limits, but to understand how those limits apply to your individual situation may require research into relevant case law. That's what attorneys get paid to do - hire one!

The State