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Ponietz

(3,323 posts)
12. There's a Federal speedy trial act that says you're right -- in principle
Tue Nov 26, 2024, 01:18 AM
Nov 26
https://www.justice.gov/archives/jm/criminal-resource-manual-628-speedy-trial-act-1974
If the indictment is dismissed at the request of the government, the 70-day clock is tolled during the period when no indictment is outstanding, and begins to run again upon the filing of the second indictment. 18 U.S.C. § 3161(h)(6)


But the Barker v. Wingo factors would probably rule it out. In my State the right attaches on the original filing.
1. Length of the delay;
2. Reasons for the delay;
3. Assertion of the right;
4. Prejudice to defendant.

It’s academic anyway since there will be a slew of more recent (and probably more serious) crimes.

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