Submitted by er1177 on Mon, 08/09/2010 - 15:43
I have a question regarding my right to a speedy trial in Massachusetts. I had an OUI case (incident date February 2009) dismissed with prejudice in May 2009 due to the military deployment of the officer. I recently received an "application for criminal complaint" to reinstate this charge. It has been 1.25 years since the original dismissal. I've heard that the court would make a decision on my right to a speedy trial based on the individual circumstances of the case. Does this military deployment constitute a valid reason for the delay and reinstatement? If so, is there a valid argument to be made on my behalf in this circumstance (based solely on the information provided of course).
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Right to a Speedy Trial
You certainly have a good argument to make. Rule 36 of the Massachusetts Rules of Criminal Procedure state that a case must be tried within one year subject to a number of exceptions. A link to the rule is attached below. You should have an attorney review rule 36, the accompanying case law and present your best arguments to the court in the form of a motion to dismiss.
Rule 36 http://www.massreports.com/courtrules/criminal.htm#Rule36
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.
OUI Complaint 1.5 years later.
This is ridiculous. You should get a lawyer and file a motion to dismiss the complaints, citing Monahan v. Commonwealth, 414 Mass. 1001 (1993). In Monahan, the Commonwealth brought complaints against defendant for operating motor vehicle while under influence of alcohol and failing to slow at intersection. Defendant moved to dismiss. The South Boston District Court dismissed complaints with prejudice. Commonwealth refiled complaints. Defendant moved to dismiss. The South Boston District Court revoked earlier order dismissing complaints and denied motion. Defendant filed petition requesting dismissal of complaints. A single justice of the Supreme Judicial Court, Suffolk County, dismissed complaints. Commonwealth appealed. The Supreme Judicial Court held that Commonwealth could not refile complaints in same court which had dismissed same complaints with prejudice. “The Commonwealth had ample remedies. It could have sought reconsideration of the dismissal of the complaint. It could have appealed the ruling. It could have proceeded by way of indictment. What it could not do was simply ignore the judge's ruling and refile the same complaints in the same court.”
Attorney Brian E. Simoneau