"Turning Blue Now" (Dismissal 4 Delay)

[mtthwrichards]

What is the name of your state? Calif.--- If there is an "Unreasonable" delay in presenting the charge to a Grand Jury "or" in filing an accusation against a defendant who has been held to answer upon a complaint, the assignment Judge, or the assignment Judge's designee, may dismiss the matter(Sua Sponte) or on motion of the defendant. If there is "Unreasonable" delay in the disposition of an indictment or accusation, the Judge to whom the case has been assigned may dismiss the matter(Sua Sponte) or on a motion of the defendant.

QUESTION??

I failed to appear for sentencing due to I was not properly represented by the "Public Pretender's" of San Bernardino County and I truly believe I was coherced to Plea guilty for crimes I did not commit. I know not appearing is just as bad as if I was guilty. I need advice on this matter and could I request a "Dismissal for Delay" considering I never had a "Preliminary Hearing"?

 

[CavemanLawyer]

If the delay of the State in filing charges or proceeding with charges is the result of you failing to appear and absconding, you can't turn around and tell the State that they have to then dismiss their charges. The reason for the delay is you.

 

[FlyingRon]

This is the second near identical thread you started on your case. The answers aren't going to be any better this time. Things are not going away because you are hiding out. Your (alleged) inadequate counsel did NOT cause you to fail to appear and abscond from justice.

What you are doing is diminishing your ability to do anything on your case as time on appeals is generally of the essence in addition to racking up further charges.