June 19th of 2014 my husband was arrested for domestic violence. The court date was set to begin february 19th of this year and now the prosecution filed a continuance for july 16th of this year which is 13 months after the arrest. The da told me she was filing a continuance to gather information about a current arrest to use in this case. Does this violate the right to a speedy trial due to the government engaging in an intentional delay to gain tactical advantage and prejudice against him? Can we ask for a dismissal because of this.?
Answer
He could file a motion for speedy trial. He should discuss this with his lawyer.
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