The United States Constitution grants people numerous rights, including the right to a speedy trial. As such, if the State violates the Constitutional rights of a criminal defendant, it may result in a dismissal of the charges against him or her. The evidence needed to prove charges should be dismissed due to a speedy trial violation was the topic of a recent Florida opinion in a case in which the defendant was charged with fraud and identity theft. If you are accused of fraud or any other crime, it is prudent to speak to a knowledgeable Clearwater criminal defense lawyer regarding your rights.
The Procedural History of the Case
It is alleged that in January 2017, a grand jury indicted the defendant on three counts of fraud and identity theft in violation of federal law. The conduct out of which the indictment arose occurred from July 2015 through June 2016. The court issued an arrest warrant in January 2017, and one month later, the warrant was transferred to fugitive status.
Reportedly, the defendant was arrested in February 2021 in her clothing store, and she was arraigned shortly thereafter. In March 2021, she filed a motion for dismissal of her indictment on the grounds that her Sixth Amendment right to a speedy trial was violated. After reviewing the facts of the case, the court granted the motion. Continue Reading ›