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  1. #10
    Join Date
    Nov 2009
    Posts
    886

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting SandlingAllDay
    View Post
    I'm understanding the "speedy trial" statute, for mitigated hearings, based on the ticket date, puts the 120 days at May 31 for the last date of hearing.

    My question is this... With the shutdown, is there something that stops that from being the case? Assuming the new court date is after that date, can that be used to argue dismissal?

    Thanks
    It’s an interesting question. Certainly there’s nothing to lose by immediately moving for dismissal based on the scheduling rule. However since the hearing is to mitigate rather than to contest I doubt there’s any way to appeal a decision but also no harm in bringing the matter up.

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