Summary
If charged with a felony in Virginia, you are entitled to a speedy trial within 5 months of the probable cause hearing. If your public defender is unavailable due to health issues, the court should appoint a new one. If your right to a speedy trial is violated, your attorney can file a motion to dismiss the charges. If you havent spoken to your attorney in 6 months, contact the Public Defenders Office or bring the issue to the courts attention immediately.Full Conversation
I've been charged with a felony drug charge and was assigned a public defender. I was arrested the end of January * and it's now July * and I had a court date on June 5th, however my public attorney could not attend because of a health issue and is in the hospital. My case was continued to August 7th .. and they miss troyal be done because my attorney is in the hospital I haven't even talked to him yet
Hello Barbara, it seems you're in a difficult situation. Could you please tell me the state where you're currently residing so that I could provide more accurate information?
Virginia
Hello Barbara, here's some general information regarding your situation in Virginia:
*. You have the right to a competent attorney.
*. If your current attorney is unable to represent you, the court should appoint a different public defender.
*. You can also choose to hire a private attorney.
For specific advice, consult with a local legal professional.
aren't I entitled to a speedy trial?
Yes, Barbara, you are indeed entitled to a speedy trial under the Sixth Amendment of the U.S. Constitution. In Virginia:
- If charged with a felony, trial should commence within 5 months of the probable cause hearing.
- If your right is violated, your attorney can file a motion to dismiss the charges.
I've been to court three times now still not spoken to my attorney.. it's been 6 months how much longer do I need to wait
Barbara, in Virginia, if you're not tried within the "speedy trial" timeframe, your attorney can file a motion to dismiss. If you can't reach your attorney, you might want to consider contacting the Public Defender's Office for further assistance.
I'm not sure if he's going to be healthy enough to continue with being my attorney at what point should I ask about this choir with quarters
Barbara, if your attorney's health is affecting your case, you should bring this to the court's attention immediately. You have the right to effective representation and if your attorney cannot fulfill this, a replacement should be provided.
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