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Speedy Trial Violations - What to do???

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dragonslayer2k

Junior Member
What is the name of your state? South Carolina

Does the RIGHT to a Speedy Trial no longer exist in this state? I have a friend who was arrested in South Carolina on 2006-06-13 and charged with Accessory After the Fact in relation to my own Arizona charge of Custodial Interference. From 2006-06-13 thru 2007-03-28 she has had only ONE court appearance, and has had only ONE visit from her court-appointed attorney. She has signed nothing, waived nothing. I don't know how such abuse of process can occur in America, but apparently it is pretty common in South Carolina. After her arrest, she, and I, were robbed of approximately $35,000 in cash by the South Carolina landlady, so are unable to afford paid attorneys. Does anybody know of any legal resources available to pursue perhaps Habeas Corpus for her release, and if appropriate, a civil rights suit for this unwarranted long-term incarceration without benefit of any form of due process? Any relevant feedback sincerely appreciated.
 


The Occultist

Senior Member
I'm fairly certain it may be one of those situations where you have to actively exercize your right thereof, meaning that by not actually requesting to exercize your right to a speedy trial, you are, in effect, waiving said right.
 

garrula lingua

Senior Member
Most lilely, her attorney waived or she's being held on another charge/prob. vio. which OP doesn't know about.

The reason her atty postponed her case is probably because OP's case should be tried first - the longer his case is continued, the longer her atty will continue her case.

Her atty is acting in her best interests ... but is the OP, who got her into trouble to begin with ?
 

Kane

Member
Eh. It's kind of hard to know what's going on here. For one thing, I don't understand the part about having $35K in cash in your apt., but not having the money to make bond, or hire a lawyer.

As for the question... 9 months is a long time to spend in jail pending trial, but it's not unheard of. It's not unconstitutional, in and of itself.

In these situations, the best thing to do is to post bond for the "friend." The OP is not a party to the litigation, and she has no say in it. In fact her interests may be contrary to the defendant's.
 

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