The Client was arrested for DUI on September 18, 2013 and released on his written promise to appear with a scheduled court date of October 21, 2013. On October 21, 2013 the District Attorney had not yet filed a complaint charging him with a crime. On October 23, 2013 the DA charged him with DUI and, although they had no proof they had done so, claimed they sent Client a letter advising him he had a new court date on November 25, 2013. Because the Client had no knowledge of the November 23, 2013 court date he did not appear and a warrant for his arrest was issued on December 13, 2013. On December 3, 2014 the Client first learned he had a warrant for his arrest when he was stopped for a traffic violation and placed under arrest for the outstanding warrant. The Client lived in the same location, a location known to numerous government agencies, during this entire time period. The Client came to us for help and we filed a motion to have the case dismissed for violation of his Sixth Amendment to the United States Constitution right to a speedy trial.
How we won:
The trial court agreed the Client’s Constitutional right had been violated by the prosecution’s failure to make any effort to bring the Client before the court and dismissed the case.