Originally Posted by
Intoxiklown
I have seen this video posted here before, and wanted to elaborate on a few things.
Firstly, always plead not guilty if your case is brought up before 270 days (pretty much the universal time allotted the state has to hear your case before you file your failure for speedy trial. If the officer is not there, yes, the case is dimissed. That is common knowledge. Here is something that isn't though. If the officer is there, still plead not guilty. Yes, you will lose. Tell the judge you will appeal to Circuit Court. Circuit Courts do not convene as regularly as local courts do, this is a plus. Also, these courts hear felony cases (rape, murder, drugs, ect). And they usually, depending on which state, mind you, convene for two weeks per session. Then, simply bide your time. Get a public defender. Have him answer in court for you, as is your right.....but your case will not be called, as they are not going to bump high profile felony cases to hear your speeding ticket. You must NOT file a motion for a continuance, as this RESETS your 270 days! After 270 days, have your public defender file the motion for dismissal based on the speedy trial rule, and you are done.
See, a Circuit Court judge is going to follow the law regarding that as he doesn't:
a) Have to deal with your misdemeanor speeding ticket
and
b) He DAMN sure doesn't want the rest of the court room to hear your motion, as it will be full of people that upon hearing it, will have immediate grounds to file the same.
I am not a lawyer, but always represent myself in court. And I haven't been convicted of a speeding ticket since 1994. If you REALLY want to have some fun with misdemeanors, when you show up for arraingment, demand a trial by jury. I've had judges just dismiss my case (one was for simple assault) upon that request, because they quite frankly don't want the hassle. As far as that video, the guy talking about how judges always ignore his motion to dismiss for speedy trial rule is his fault. That's when you have to appeal. Because once you get to the higher courts, you get away from the "home cooking" of some local justice of the peace who became a judge by election (I've actually had a JP tell me he didn't care what the law was, it was wrong), and you get to one who may not like it, but will follow the law. Also, regarding the speedy trial law, I do know states are different. AND....be sure to specify to your public defender you don't mean a request for a speedy trial. They are two different things. If he files a motion to request, it will flag your docket, and they will call your case. The speedy trial rule is different from a speedy trial request. You want to lay low, and file on the rule.
Connect With Us