A request for a speedy trial has been submitted 4 times with no response. How long can they keep you in jail without taking you to trial? 4 yrs ago he was accused of 3rd degree burglary although he was in jail at the time of the offense and told the police who he purchased the merchandise from. He hired an attorney who told him not to show up to court until called. He was re-arrested for probation violation and recently discovered he had a detainer on him for failure to appear. He can't be sent to minimum custody or be considered for early release (Class H felony)with this detainer. A court date hasn't been set, and for a year he has been requesting one, but he has received no response whatsoever. I contacted the solicitor who strongly believes he committed this crime, but states that he has more important cases to deal with and seems to plan on him just sit in jail until he is ready to deal with him. I don't see how they can do this; but I don't know the best way to fight this.

Expert Answers

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This is an unfortunate situation but quite common. "Speedy" means different things to different people. The Bill of Rights gives us the guarantee of a "speedy trial", but does not set a time frame. It is not uncommon that a speedy trial motion has been filed but years later the trial has not been to court.

There is no time frame, until the case is put on the courts calendar, the Government can keep you incarcerated. It may take four or five, or even six years to get the case to court. Obviously, this is not "speedy". About the only thing you can do is request that your lawyer keep filing speedy trial motions. 

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