Speedy trial violation in Ottawa County
In a frustrating loss for the Ottawa County Prosecutor's Office, the Ottawa County Court of Appeals affirmed a trial court's ruling that a defendant's right to a speedy trial was violated. The defendant was incarcerated so the time in which he had to be brought to trial was within 90 days of his arrest. Before the scheduled trial date, the defendant and prosecutor reached a plea bargain. A date was set for a plea hearing. That would be enough to toll the time for speedy trial purposes. But no journal entry spelling this all out was ever filed. There was only a notation in the docket that "trial cancelled after juror notices." It was the prosecutor's job to make sure a proper journal entry was filed. Appellee's criminal defense lawyer filed a motion to dismiss on speedy trial grounds before the plea hearing. The trial court granted the motion. The Court of Appeals affirmed as you can read here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
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