Wednesday, 19 February 2014

I was cited more than a year ago. A case number was generated with the court system in my area almost a full year ago. I have not received a...

Question

I was cited more than a year ago. A case number was generated with the court system in my area almost a full year ago. I have not received any summons have not been arrested nothing has happened at all. I am just sitting around waiting for the hammer to drop. I know that by filing a case number they took care of the statue of limitations but what about my right to a speedy trial? I have not tried to hide at all. I have kept my address current have been at the same job and consistently checked the court calendar on the off chance that I missed the summons. I have had no issue with renewing my vehicle registration paying my taxes literally nothing has happened. Do I just have to sit around and wait till they get around to me? How am I supposed to build a defense perhaps years later?



Answer

Cited for what?

If this was for a misdemeanor and they filed within the statute of limitations, then if its been over a year, you may have a valid Serna motion to dismiss. But... if you failed to appear and charges were already filed by your citation date, many judges put the blame on you.

Sit down with a good local criminal defense attorney to discuss this in detail.



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