Question:

Federal Court Wyoming Right to a speedy trail?

by Guest32833  |  earlier

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In the Right to a speedy trail law. Whats the next step for the defendant if he was told the Court had to dismiss the case but would try and pick it back up.Due to the deadline the Court was over time limit.

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  1. wait to be charged again.


  2. In federal court, the speedy trial act guarantees that every defendant be brought within 70 days after indictment/information, not counting days that can be excluded due to many different things (e.g. You were granted a continuance, etc.). However the remedy for a violation of the speedy trial act is a non-prejudicial dismissal, meaning that the case can be refiled and re-prosecuted.  A dismissal for violation of the Constitutional right to speedy trial under the Sixth Amendment is "with prejudice," meaning that the case cannot be refiled.  

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