Does being indicted in a nolle proseculi case automatically start a new case

03/12/2009 - Criminal - State: VA #15587

Full Question:

I am involved in a case which was recently nolle proseculi, I was reindicted 5 days later, does this reindictment constitute a new case does the time line for bringing defendant to trial ( speedy trial issue ) start anew?

Answer:

I am prohibited from giving a legal opinion. The answer depends on all the facts and circumstances involved, such as the basis of the speedy trial claim (state or federal), reason for the nolle prosequi, and whether you remained incarcerated in the interim period. The courts have not established a hard and fast rule, although some cases have found that the speedy trial clock begins anew upon a reindictment.

Speedy trial rights are governed by state statute as well as federal constitutional law. The Supreme Court stated four factors that must be considered and balanced in determining whether a speedy trial violation has occurred under the Sixth Amendment. Those factors are length of the delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant. Please see the statute below for applicability of state speedy trial rights.

Please see the information at the following links:

http://definitions.uslegal.com/s/speedy-trial/
http://www.courts.state.va.us/opinions/opnscvwp/1030294.pdf
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=search&case=/data 2/circs/4th/994262p.html

03/12/2009 - Category: Criminal - State: VA #15587

See more Questions in the Criminal Category