DWI speedy trial?

[dbras]

What is the name of your state?
I had an accident while drinking in which the passenger in my car was killed. I was charged with felony DUI. This occured on August 26, 2002. My family retained a lawyer for me, and when I went to my preliminary hearing a couple of weeks later they said they didnt even have a file on my case yet. For months afterwards i called my lawyer all the time telling him I wanted to take care of it as soon as possible. He finally told me that he would call me when he needed me, and the longer it was the better. I have been going to counciling for over 3 years now and being treated for anxiety and depression. My question is Do I have to request a speedy trial, or can the charges be dismissed since it has been so long. Since the accident I have turned my life around, and am set to graduate from college with a degree in biology in may. I cant get on with my life with this still hanging over my head and wish to get it over with. Can anyone help me

 

[seniorjudge]

What is the name of your state?
I had an accident while drinking in which the passenger in my car was killed. I was charged with felony DUI. This occured on August 26, 2002. My family retained a lawyer for me, and when I went to my preliminary hearing a couple of weeks later they said they didnt even have a file on my case yet. For months afterwards i called my lawyer all the time telling him I wanted to take care of it as soon as possible. He finally told me that he would call me when he needed me, and the longer it was the better. I have been going to counciling for over 3 years now and being treated for anxiety and depression. My question is Do I have to request a speedy trial, or can the charges be dismissed since it has been so long. Since the accident I have turned my life around, and am set to graduate from college with a degree in biology in may. I cant get on with my life with this still hanging over my head and wish to get it over with. Can anyone help me

https://forum.freeadvice.com/showthread.php?t=278830

Why are you not telling us your state?

 

[dbras]

My state is SC. I thought i had put it, but I guess I didnt. I wondered if I since I hadnt requested a speedy trial would I not be able to argue that I had been denied my civil rights. It seems strange that you have to ask for something that is promised you in the constitution. Are there any other civil liberties that you have to ask for before you are entitled to them?

 

[seniorjudge]

My state is SC. I thought i had put it, but I guess I didnt. I wondered if I since I hadnt requested a speedy trial would I not be able to argue that I had been denied my civil rights. It seems strange that you have to ask for something that is promised you in the constitution. Are there any other civil liberties that you have to ask for before you are entitled to them?

Speedy Trial rights in South Carolina

South Carolina has not established a specific period of time beyond which your right to a speedy trial is deemed violated. Whether your right to speedy trial has been violated will depend upon the individual circumstances in your case. The relief that is granted where you have been denied your right to a speedy trial is dismissal of the criminal charge.

http://www.lawyers.com/lawyers/A~1024168~LDS/Criminal+Process+in+South+Carolina.html


I don't know if this is still the law over there or not....Ask your lawyer.

 

[BigMistakeFl]

BigMistakeFl

Some case law:
"The Sixth and Fourteenth Amendments to the United States Constitution and Article 1, Section 14 of the South Carolina Constitution provide that a criminal defendant is entitled to a speedy trial. State v. Brazell, 325 S.C. 65, 480 S.E.2d 64 (1997). In Barker v. Wingo, 407 U.S. 514 (1972), the United States Supreme Court identified several factors to be used in determining whether a defendant has been denied the right to a speedy trial including: (1) the length of delay, (2) the reason the government uses to explain the delay, (3) when and how the defendant asserted his speedy trial right, and (4) the prejudice to the defendant. Id. "The length of the delay is to some extent a triggering mechanism. Until there is some delay which is presumptively prejudicial, there is not necessity for inquiry into the other factors that go into the balance." Barker v. Wingo at 530."

Justice delayed is justice denied

 

[dbras]

Thanks for your replies. I have read much on speedy trial act, and can find nothing definate. I definately feel that I have suffered alot of anxiety worrying about my future. thanks again

 

[dbras]

Case still not settled

I was looking into SC speedy law again and found this posting I had made 5 years ago. I am still under indictment for felony DUI and it has now been almost 8.5 years. I went to see my lawyer 6 months ago and he still said it is in my best interest not to "kick sleeping dogs". I have moved on with my life, but still have this felony charge hanging over my head. I recently married and my wife and I are talking about moving out of state so she can start a PHD program. I am still out on bond and cannot legally leave the state! I realize that circumstances are different for all cases but when is too long really too long! Any advice or thoughts would be appreciated.

 

[GoIllini]

Holy cow! Eight years. You sure your lawyer doesn't want to kick sleeping dogs at this point?

For all we know, the arresting officer could be retired off in Australia. At least do some research on what happened to the witnesses- if the guy who arrested you is on the other side of the world, or he's left this world, it's going to be awfully tough for the prosecutor to make his case. And if you want to move out of the state, you may need to tiptoe past the sleeping dog.

Edit: missed the part about where someone passed away. Eight years isn't quite long enough for everyone to forget, yet. You're honestly going to have to wait for witnesses to start passing away. In the meantime, enjoy your freedom and know that if the problem has been buried for eight years, it'll probably stay buried for quite a while as long as you don't touch it.

Just outta curiosity, I googled SC criminal SOLs to see if that might help inform the idea of speedy trials, but they don't have any.

How does your wife feel about getting a PhD from South Carolina?

 

[Zigner]

Holy cow! Eight years. Go talk to your lawyer and see if he can figure out a way to move to dismiss this. Also find out where the arresting officer is now and whether the state really wants to fly him back from Timbuktu to testify.

The guy's conduct killed somebody. Yeah, they do bring witnesses in for this sort of thing.

 

[GoIllini]

The guy's conduct killed somebody. Yeah, they do bring witnesses in for this sort of thing.

Yeah. Missed that part. He pretty much has to wait until the witnesses start to pass away. Hope most of the witnesses were older police.