Speedy Trial Rights For A 14 Year Old DUI And FTA

[Budman]

My question involves criminal law for the state of: Colorado

In '94 I rec'd a D.U.I. in Douglas County (Castle Rock). I plead not guilty and was O.R.'d. I then quickly changed my state of residence to Wyoming (I was already getting to know the Magistrate too well, 'cause of a stormy relationship with a Gal I was living and arguing constantly with. C.Y.A. cops always take someone to jail when neighbors call 911. I'm not the smartest at picking women, and never know when to get out ).

Three years later, I plead guilty to a D.U.I. in Teton National Park (Swear to God I was innocent - THIS TIME), and rec'd 6 months. I was sent to Englewood (West Denver) for a Minimum Security Camp (B.O.P.). I was going to clear up the Colorado charge while I was there, thinking Douglas County would make jail time concurrent. After 3 weeks the B.O.P. sent me to Safford, AZ (Low Security F.C.I.), 'cause there was never a P.S.I.

So much for good intentions . . .

While in Club Fed I met a jailhouse lawyer who told me I could file a Speedy Trial Motion giving Colorado 120 days to arrest me, or drop charges. I am back in Wyoming and "Flying Straight". I can't get a driver's license (no statute of limitations in CO on D.U.I.).

Can I use a Speedy Trial Motion to Resolve? Other suggestions besides going back to Colorado and turning myself in?

[Mr. Knowitall]

When you choose to flee from justice, you cannot use your choice to become a fugitive as a basis to try to avoid the charges. You can't successfully argue, "I violated my speedy trial rights by fleeing the state, so the charges should be dismissed."

There are rules you can sometimes bring into play while in custody, to force the resolution of pending charges against you during that time, and I suspect your jailhouse lawyer was crudely describing such a law. But you chose not to try, and you're no longer in prison.

[Budman]

What about the argument that Douglas County had an obligation to writ me into their jurisdiction (when incarcerated in Englewood), so they could begin the prosecution of their case.

[lexy]

Well, I just recently beat a DUI and can tell you that it was down to a very good lawyer, which should have been your first stop. That said, I think after this period of time YOU DO have the ability to file a NOE (notice of expiration) and subsequently, if you are not charged, a Motion to Discharge. They would, I believe, even after all these years, have a re-capture period BUT you need to consult a lawyer there who knows what the statutes and rules were at the time as those laws govern.