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  1. #1
    Join Date
    Jan 2008
    Posts
    6

    Default Right to A Speedy Trial, Motion to Dismiss

    My question involves criminal law for the state of: WEST VIRGINIA

    If a motion was file in June 2007 for a RIGHT TO A SPEEDY TRIAL, for a non-resident of WV while in WV and a trial date was not given as of Sept 8, 2008... can an attorney file for dismissal?

    The Judges schedule remained busy through this period and that was their excuse. The defendant is not allowed to leave the state of WV and is not a resident in this state.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,653

    Default Re: Right to A Speedy Trial, Motion to Dismiss

    Quote Quoting West Virginia Code, Sec. 62-3-21. Discharge for failure to try within certain time.
    Every person charged by presentment or indictment with a felony or misdemeanor, and remanded to a court of competent jurisdiction for trial, shall be forever discharged from prosecution for the offense, if there be three regular terms of such court, after the presentment is made or the indictment is found against him, without a trial, unless the failure to try him was caused by his insanity; or by the witnesses for the state being enticed or kept away, or prevented from attending by sickness or inevitable accident; or by a continuance granted on the motion of the accused; or by reason of his escaping from jail, or failing to appear according to his recognizance, or of the inability of the jury to agree in their verdict; and every person charged with a misdemeanor before a justice of the peace, city police judge, or any other inferior tribunal, and who has therein been found guilty and has appealed his conviction of guilt and sentence to a court of record, shall be forever discharged from further prosecution for the offense set forth in the warrant against him, if after his having appealed such conviction and sentence, there be three regular terms of such court without a trial, unless the failure to try him was for one of the causes hereinabove set forth relating to proceedings on indictment.
    This case provides a definition of "term of court", at least in relation to magistrate court:
    Quote Quoting State ex rel. Brum v. Bradley, 214 W. Va. 493, 590 S.E.2d 686 (*2003)
    In State ex rel. Fury v. Miller, 172 W. Va. 580, 583 n.4, 309 S.E.2d 79, 81 n.4 (1983), we recognized that under Stiltner, one term of magistrate court equals 120 days.

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