Burglary, Arson, Home Invasion How long is a "speedy trial"?

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bohagon

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I'm accused of Burglary 1, have a lawyer and supposed to have a trial date sometime or another. My lawyer isn't real good with the communication thing and it worries me. No, I can't afford to pay for another defense lawyer due to being on disability with two kids at home to support. (no help from their mother that left us)

I was arrested the day after this woman said I broke into her house to steal some downers, (whatever they are) I don't even take any drugs aside from my diabetes and cholesterol meds. First thing I did when I was released was go to my doctor for a drug test to prove that. I don't understand why they waited until late the next evening to arrest me when she claimed it happened around 1:30a.m.

Anyhow, was arrested and promptly out on bail. During the next week she kept telling the county that i was driving by her house. She does only live 1/8 mi from me. She told them one night that I had pulled into her drive at about 3 a.m. I was awoke by the cops beating on my door at 3:30 a.m. And, get this my ex-wife was there at the time. I had picked her up from her workplace at around 12:30 a.m. She was going to stay at my house and watch the kids while I went to the doctor's that morning. We both told them what had transpired that evening and that I'd went to sleep around 1-1:30 a.m. She slept in the recliner, reclined, and it even blocks the front door. The officer's said that they had even felt the hood of my truck to see if it had been ran soon. So they leave...

Next evening, arrested again, claimed "witness intimidation". I had to stay a few days then until I was finally released. While there they almost killed me by not giving me my meds, like before but this time I had even brought my own from home. Now I have to wear this ankle monitor and can't do anything.

That all started about a year ago, and I'm still waiting on my day in court. I don't see how they can pluck me and my kids out of my home just because one person says so. The investigators never checked my alibi the first time, just disregarded my ex-wife and kid's statement. I'm just wondering how long is the norm? I have missed out on a lot already. My daughter's graduation,... gone. They gave me 3 hours for Christmas shopping and I'm about 45 mins from the mall. My father is in real bad shape with only 26% of his heart working and it's breaking mine not to even be able to visit him.

How much longer? Will my kids and I ever get our life back?
It's just not right.
 
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I'm accused of Burglary 1, have a lawyer and supposed to have a trial date sometime or another. My lawyer isn't real good with the communication thing and it worries me. No, I can't afford to pay for another defense lawyer due to being on disability with two kids at home to support. (no help from their mother that left us)

I was arrested the day after this woman said I broke into her house to steal some downers, (whatever they are) I don't even take any drugs aside from my diabetes and cholesterol meds. First thing I did when I was released was go to my doctor for a drug test to prove that. I don't understand why they waited until late the next evening to arrest me when she claimed it happened around 1:30a.m.

Anyhow, was arrested and promptly out on bail. During the next week she kept telling the county that i was driving by her house. She does only live 1/8 mi from me. She told them one night that I had pulled into her drive at about 3 a.m. I was awoke by the cops beating on my door at 3:30 a.m. And, get this my ex-wife was there at the time. I had picked her up from her workplace at around 12:30 a.m. She was going to stay at my house and watch the kids while I went to the doctor's that morning. We both told them what had transpired that evening and that I'd went to sleep around 1-1:30 a.m. She slept in the recliner, reclined, and it even blocks the front door. The officer's said that they had even felt the hood of my truck to see if it had been ran soon. So they leave...

Next evening, arrested again, claimed "witness intimidation". I had to stay a few days then until I was finally released. While there they almost killed me by not giving me my meds, like before but this time I had even brought my own from home. Now I have to wear this ankle monitor and can't do anything.

That all started about a year ago, and I'm still waiting on my day in court. I don't see how they can pluck me and my kids out of my home just because one person says so. The investigators never checked my alibi the first time, just disregarded my ex-wife and kid's statement. I'm just wondering how long is the norm? I have missed out on a lot already. My daughter's graduation,... gone. They gave me 3 hours for Christmas shopping and I'm about 45 mins from the mall. My father is in real bad shape with only 26% of his heart working and it's breaking mine not to even be able to visit him.

How much longer? Will my kids and I ever get our life back?
It's just not right.




Alabama has no specific "speedy trial" time limit.
I suggest you write a letter to your attorney (return receipt requested) and ask him about the "speedy trial" aspect of your current legal matter.
You might include some of the relevant material noted below.

All I can say, is that justice often grinds slow.
The prosecution wants you get tired.
They want you to get so tired, you admit to something you didn't do!

Time is on your side.
You are still free.
You will remain FREE, and will NOT be convicted if you let nature take its course.

Prosecutors are reluctant to dismiss BAD cases.
They want defendants to get tired and give up.
They want YOU to admit to something, anything, and take a crappy deal.

You are not in custody.
Alabama takes the position that those in custody get "speedier" trials than those NOT in custody.
It isn't necessarily right, but at least its a reasoned approach to trial scheduling!


You must remain strong.
If you wait, you'll walk!







Alabama Rules of Criminal Procedure

Rule 8. Speedy trial.
Rule 8.1. Priorities in scheduling criminal cases.
Insofar as is practicable, trials of criminal cases shall have priority over
trials of civil cases. In determining priority among criminal cases, the court shall
consider, among others, the following factors:
(1) The right of a defendant to a speedy trial under the constitutions of the
United States and the State of Alabama;
(2) Whether the defendant is in custody;
(3) The relative gravity of the offense charged; and
(4) The relative complexity of the case.

http://judicial.alabama.gov/library/rules/cr8_1.pdf


Speedy Trial

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that trials be held within a certain time frame after a person has been charged with a crime.

This right can be waived by asking for additional time for the preparation of your defense.

Speedy Trial rights in Alabama

In Alabama, your speedy trial right is triggered by the issuance of a warrant for your arrest. If you claim that you where denied your right to a speedy trial, the court will use a balancing test to evaluate your claim. The court will weigh your conduct as well as the prosecution's conduct.

Four factors are considered in determining whether there has been a denial of a speedy trial in Alabama:

* Length of the delay
* Reason for the delay
* Your assertion of the right
* Prejudice to you (there is no fixed length of time that is considered unreasonable)
http://research.lawyers.com/Alabama/Criminal-Process-in-Alabama.html
 
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Thnx Army Judge, that's pretty much what my lawyer has told me. I guess I just needed to get a lot of it off my mind. All the details of this just keep getting me down; re investigators not investigating and taking this one woman's word over everyone else's.

She even had it written up in the paper and went on T.V. telling everyone it was me. It could have possibly been someone that looked sort of like me, but it was said that the burglar had a dark hoodie on and I don't even own one.

Hopefully it won't be long and my kids and I can go back home.

Thnx again
 
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