Statute of Limitations

[ChrisPp]

Anybody know or hear anything about there being a statue of limitations on waiting to go to trial?
This word is starting to get tossed around between my fiance and her new attorney.

[knordyke]

See if you can locate Louisiana Code of Criminal Procedure Arts 578 and 579. Assuming that the offense is a felony, the general rule is that it must be brought to trial within 2 years of institution of prosecution. There are suspensions and interruptions of the running of time. See C.Cr.P 579 and 580. Remember that this is general information and NOT specifically directed to any person or situation.

Originally Posted by ChrisPp

Anybody know or hear anything about there being a statue of limitations on waiting to go to trial?
This word is starting to get tossed around between my fiance and her new attorney.

[ChrisPp]

Originally Posted by knordyke

See if you can locate Louisiana Code of Criminal Procedure Arts 578 and 579. Assuming that the offense is a felony, the general rule is that it must be brought to trial within 2 years of institution of prosecution. There are suspensions and interruptions of the running of time. See C.Cr.P 579 and 580. Remember that this is general information and NOT specifically directed to any person or situation.

It was a felony. If I'm reading correctly, would the institution of prosecution be the date that she was originally arrested for the charge? If that was the case, that was 6 years before the trial happened. She was in custody for almost a year and bonded out.

Plus, based on 579, there was no reason to suspend the running time. She remained within the state, plus she showed up to the courthouse for every pre-trial, every 3 months for 5 years.

[knordyke]

I think I have gone as far as I should with this as I try to stay away from specific advice as to specific cases. You indicated that she has an attorney who sounds very competent to be thinking of this. My guess is that he/she will be inclined to think of institution of prosecution as date of bill of information or indictment, not date of arrest.

Originally Posted by ChrisPp

It was a felony. If I'm reading correctly, would the institution of prosecution be the date that she was originally arrested for the charge? If that was the case, that was 6 years before the trial happened. She was in custody for almost a year and bonded out.

Plus, based on 579, there was no reason to suspend the running time. She remained within the state, plus she showed up to the courthouse for every pre-trial, every 3 months for 5 years.

[ChrisPp]

I understand.

One can hope that he is competent enough, especially after how the attorney she had represent her at trial didn't seem to confident once the date of trial finally came. You just can't be to sure. But this one she has now seems to be all hyped up about the case that he wants to file a few motions to get her out, so we'll see how this goes.

I was trying to get some background information and opinions on what he is about to do so we can see and have an understanding on how he is coming out with so many options that the original attorney has missed out on... or never got back in touch with her to even attempt to get her released or shorten her time.

Well I do thank you for your time for giving me what answers you do feel safe giving me sir.

[spiffy-heart]

Chris, I SO identify with not understanding the terminology! I DO NOT understand the delay tactics, and inability to have a speedy and fair trial!? I read recently of the woman who was incarcerated where ny son is, in Homer, and she had been there FIVE freakin years, waiting trial! This stuff does not sound like the United States of America!

[ChrisPp]

Your right spiffy, but I'm learning as I go along.
Like I found out she was indicted back in January of '05. But her previous attorney is now saying that he filled a motion 2 months after, which the courts did not even consider it until they denied it 2 months before trial in '10. So he is saying is that in reality, the 5 years that she waited to go to trial, in the courts calender only 2 months has past o.O

WTF!??

How is there no statue of limitations on a decision for a motion??

[spiffy-heart]

Originally Posted by ChrisPp

Your right spiffy, but I'm learning as I go along.
Like I found out she was indicted back in January of '05. But her previous attorney is now saying that he filled a motion 2 months after, which the courts did not even consider it until they denied it 2 months before trial in '10. So he is saying is that in reality, the 5 years that she waited to go to trial, in the courts calender only 2 months has past o.O

WTF!??

How is there no statue of limitations on a decision for a motion??

Really! It seems like logic, has nothing to do with law.