Brother incarcerated for 3 years has not been taking to trial

[havingfaithz11]

What is the name of your state (only U.S. law)?
Mississippi
Question:
My brother was arrested in May 2007 for capital murder. He has not bee taking to trial. Every time he scheduled to go to trial the judge allows the DA to reschedule. The judge will not set a bond nor will she allow him to be released until evidence is provided. I would like to know if there is a way for him to be released from prison with charges dismissed? Also The police report filed was typed 40 days after child's death. Should the police report be permissible?

 

[davidmcbeth3]

You are in Mississippi , not known for being very killer-friendly.

Looks like bond has been denied. This means he in jail until his trial is over.

I assume he has consul. If found guilty, his last 3 yrs will be put towards his sentence (if he is sentenced to death, thats another story).

I hope he gets a fair trial.

 

[havingfaithz11]

He did not kill the child and he is the only one arrested in this case. I believe the child's mother did it. Thanks for the post.

 

[Zigner]

He did not kill the child and he is the only one arrested in this case. I believe the child's mother did it. Thanks for the post.

Apparently, many other folks believe differently...

 

[CdwJava]

Since we can assume that he has counsel - appointed or privately paid - it is safe to assume that if the continuances have been somehow unlawful, the attorney would have been all over it. Some major cases can take years to come to trial due to continuances and motions on both sides.

The issue of the report is likely moot. Information from the investigation, autopsy, etc. can certainly take 40 days or more to gather. And since the report is not evidence, there seems to be no problem with when it is delayed.

His attorney can handle any delay issues. If they want to go to trial they can probably press the issue. It is likely that the defense is on board with the delays because they believe it somehow benefits them as well.

 

[Dillon]

speedy defined

In Barker v. Wingo, 407 U.S. 514 (1972) the Supreme Court never explicitly ruled that some particular time limit must apply, but a factor recognized by the Court was the reason for the delay.

The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness. Other factors to be considered are the time and manner in which the defendant has asserted his right for a speedy trial, and the degree of prejudice to the defendant which the delay has caused.

If it is found that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. A reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.

Speedy defined:

Characterized by rapid motion; swift.
Accomplished or arrived at without delay; prompt.


doesnt sound like a he got a speedy trial to me, if he didnt waive his right to a speedy trial at some point while waiting in jail?

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[Zigner]

In Barker v. Wingo, 407 U.S. 514 (1972) the Supreme Court never explicitly ruled that some particular time limit must apply, but a factor recognized by the Court was the reason for the delay. The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness. Other factors to be considered are the time and manner in which the defendant has asserted his right, and the degree of prejudice to the defendant which the delay has caused.

If it is found that a defendant's right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. A reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.

Speedy defined:

Characterized by rapid motion; swift.
Accomplished or arrived at without delay; prompt. .

doesnt sound like a he got a speedy trial to me

Wow, I'm sorry - I didn't realize you were privy to sooooo many facts that have not been presented in this thread. There are myriad reasons why the information you posted would not apply...

 

[Dillon]

Wow, I'm sorry - I didn't realize you were privy to sooooo many facts that have not been presented in this thread. There are myriad reasons why the information you posted would not apply...

how does,

the prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness.

other factors to be considered are:

the time and manner in which the defendant has asserted his right for a speedy trial,

and the degree of prejudice to the defendant which the delay has caused,

not apply?

-----------------------------

 

[Dillon]

Apparently, many other folks believe differently...

he is still presumed innocent, until convicted by a jury.

 

[CdwJava]

Considering we have no information as to why the trial has been delayed - or whether time has been waived by the defense - it is impossible tsay whether or not anything untoward has occurred.