Steven Knecht wins dismissal of drug charges (speedy trial)
Steven Knecht won the dismissal of felony drug charges upon filing a motion to dismiss for a violation of the constitutional right to a speedy trial.
When a court considers a speedy trial claim based upon the delay between the filing of the information and the arrest of the defendant, it applies the balancing test set forth by the United States Supreme Court in Barker v. Wingo. Barker’s test suggests consideration of four factors:
- The length of the delay;
- The reason for the delay;
- The defendant’s assertion of the right to a speedy trial; and
- The prejudice to the defendant from the delay.
Knecht successfully argued that under Barker, the nearly fourteen year delay between the issuance of an arrest warrant upon the filing of the criminal information and the client’s arrest on that warrant was prejudicial to his client’s defense which violated his client’s right to a speedy trial.
With over 37 years of experience, Steven Knecht is familiar with the possible defenses to criminal charges. If you find yourself having been arrested or accused of a crime, you should immediately hire an experienced criminal defense lawyer such as Steven Knecht to help you fight the State.