Denied 6th Amendment ‘Right to a Speedy Trial’

It took 10 months (290 days) for the superior court of haywood county to rule on Alexanders case and pass sentencing. Considering that the defense was urging Alexander to plead guilty, with no rebuttals and zero repudiation … the case should have been heard and ruled on months and months prior. In all actuality it should have been taken care of the first time it came to court … but for whatever reason, it was constantly put off to a later date. According to the U.S. Constitution citing a speedy trial, it should have taken no longer than 70 days.  NC’s “speedy trial” statute was abandoned by the state in 1989, but the old statute stated that a reasonable amount of time for a defendant to wait for a trial was 120 days.  Nearly all states have ‘speedy trial’ statues in place, but for some mystery reason, the state of NC decided it no longer wanted to insure the rights of its citizens. Regardless, my son is a natural born citizen of the United States and as such is protected by the fundamental laws of the constitution, first and foremost. He has been denied his right to a Speedy Trial and due process by the county of Haywood as well as the state of North Carolina. I’m positive a Supreme Court would agree. It would certainly be cause for the two aforementioned entities to show their reasons for such a lengthy delay.

What ARE some reasons for delaying court proceedings? And, if the defendant causes the delay(s), is the time he wasted applied to or removed from the Speedy Trial provision? Read more in the forum … here

10 thoughts on “Denied 6th Amendment ‘Right to a Speedy Trial’

  1. Reply

    Rosemarie Marrone

    My daughter has been locked up in New Hanover County since Mar. 12, 2014 and her bail is 200,000 and the judge refuses to lower it. She needs medical care as iron transfusions every 6 months or she can die. She asked for a bail reduction and her lawyer never brought up this medical need and the judge denied the reduction and said it is better for her to remain in jail. Her lawyer says he did not want her out and it is better for her to sit there because he can get a better deal. The witness against her are working with the police to set her up to get them off of their charges. They have added charges that were dismissed back on the docket. Her lawyer is a court appointed and we can not afford a private attorney. What can I do to help her get the medical care that she needs? She has three children that I am raising and now all have problems because of this. They know there mother is innocent but can do nothing to help her. Can anyone help her??? I have been up against this county and got a judge and the director of social service fired which made it worse for my grandson cause they took him from me and he was sexually, physically and mentally abused for the 14 years they kept him in the system. I do not want the same to happen to my daughter because I know this town does what it wants to do and knows no one will help. Please let me know.

  2. Reply

    Racheal

    My problem started about 5 years ago when my daughter-in-law bet my grandson. This case was heard in Chesapeake, Va. I got custody of him until his mother finished some class which took about 1 year then the court gave him back to her. My ex daughter in law threated me then if I ever carry her to court again she would file child sex abuse on my husband. My son went to Chesapeake, Va. and filed a no show and right after that she filed papers with currictuck, north carolina with child sex abuse. My son was investigated for this crime. The Sherffe Department in Currictuck NC took it to grand jury 2x for indictment and just got one. Remember that the Sheriffe Departmen came to my house and picked him up and took him off to speak with him. When the same Sheriffe department made the warrant it was sent to a address we never heard of. When he found out they were looking for him he turned himself in on 10-23-14. Been in court several times but no court date, I believe they hope he breaks down and do a plea bargain, but all they are doing is wasting people tax money. I wish I knew who to contact with this information who can help me. My son has a bad heart condtion and my husband is critical ill.

    1. Reply

      Dad Post author

      I would suggest perhaps NC attorney general roy cooper. http://www.roycooper.com/ — but honestly, without big money or influence there’s not a lot that anyone can do to fight back against those who DO have money and influence. No one ever listens. Good luck, Racheal.

      1. Reply

        Kimberly Bralley

        Did anyone check the child? There would be trauma. A detective said my son did the same to my grandson. He has been in the duplin co. Jail now for 26 monhs. Still no inditment but plenty of dummy dates.

  3. Reply

    Justin

    I have a case going on for over a year now and my lawyer has not gotten anything back for the state for evidence. i am out on bond and cant find a job do to this. I North Carolina allowed to do this to us. i know the 6th Amendment say a right to a speedy trial. I need some help here please let me know

    1. Reply

      Dad Post author

      hey Justin. As this article states, NC abandoned the segment of their state constitution which ensured a speedy trial … but under federal constitutional guidelines it’s still a valid requirement. Usually it only holds water, however, if the delay is on the prosecution. Delays by YOUR attorney are typically not factored into the delay process …. If, however, the prosecution is putting you off over and over and over … then you might have a valid claim. Most defense attorneys, however, are groomed to believe that the longer they can drag a trial out the more beneficial it is to their client because during that time evidence can be lost, witnesses can die or relocate, etc. So, if you want to speed the process up just tell your attorney you’re interested in getting it over with. If it is, in fact, the prosecution that’s holding things up – your attorney should let them know you’re aware of your rights, under federal guidelines – to a speedy trial.

      NC dropped that protection for it’s citizens so it could relax it’s own judicial standards – and basically be more lazy and lax than they had already become. You can walk into any courtroom today and see the results: jam packed courtrooms with 90% of the cases put off til next month – with just a few cases actually tried and finalized per day. Judges and employees who show up for work at 10am after insisting that you appear at 8:30 … and who then work til 11 and take a 2 hour lunch. The afternoon session is about as fruitful for them …. with the early out at 3:30 or 4 at the latest.

      In the meantime guys like you sit and stew … wondering about their futures and worrying constantly about things to come.

      Tell em all you’re ready to get it over with – even if you have to go against your lawyers advice and just stand up when it’s your turn and say, ‘your honor im ready to proceed.”

  4. Reply

    Derrick Thompson

    I have a case in Mecklenburg County from 2011 and I have been placed on ankle monitor since I bonded out on feb 2012. My victim on my case has been getting in so much trouble that they have switched me over to a private attorney. My case is a assault with a deadly weapon. The assistant Da on the case abused the system totally.

    1. Reply

      Dad Post author

      if you’ve been on house arrest for 2 solid years then your rights have been trampled all over. That’s inhumane. Your attorney should have the case thrown out.

  5. Reply

    Mom

    My son has been in the county jail since July 28. I know that is not long to some people, but to my son and I that is a lifetime. I have asked his court appointed attorney about the right to a speedy trial and he told me it is no longer used in NC. I need direction in finding out why NC does not use this constitutional right. The first attorney that was appointed to my son’s case had to withdraw because of a conflict of interest. The new one has told me has several other cases he is working on and I would at least like to have a bond hearing to see if I can get my son out until the Grand Jury trial in December. I think that is too long for an innocent man to be in jail. Nobody seems to care.

    1. Reply

      Dad Post author

      Any time spent in jail by our offspring is heartbreak for a parent and I surely understand your anguish. I’m so sorry you’re going through it.

      You didn’t mention if it was Haywood county, NC or not, but you did imply it was NC so I can offer some insight into the state law regarding the speedy trial statute. North Carolina has no statute of limitations for felonies, and the speedy trial statute, G.S.15A-701 to -710, was repealed effective October 1, 1989 – sight unseen, and without a single solitary reason noted as to why the legislating body revoked a very important protection for it’s citizens.

      please download and read this PDF file which explains the speedy trial rules in greater detail: http://www.ncids.org/Def%20Manual%20Info/Defender_Manual/DefManChpt07.pdf … reading that file will be very beneficial to you because in some instances the state IS required to abide by timelines, as is the case with misdemeanors. And don’t forget, just because the state abandoned it’s speedy trial clause, doesn’t negate the Constitution of the United States’ 6th Amendment which guarantees a speedy trial. And please realize, that many times trials are delayed because of the defense. Those instances don’t count toward a violation of the speedy trial rule. The delay has to be the fault of the court or the prosecutor.

      Also, if your son is under the age of 18 then the rules change once again. But there’s no excuse for the magistrate not setting a bond in a timely manner. I never remember waiting for a court date to get my boy out. Bail was set when the charges were levied against him.

      If it’s haywood, and if they intend on keeping him until December then they should at least allow him to be kept in the annex building, which is much more comfortable from what Alexander told me.

      Consider this a voice from the future … one I wish would have contacted me prior to my son being skinned alive by those monsters – if your son is facing charges in Haywood County, even if he’s a first timer, even if it seems like there’s no way he could pull hard time – no matter how benign it may seem – sell whatever, beg whomever … do anything it takes to hire a private attorney.

      Court appointed attorneys in haywood county are also the county’s private attorneys and they cater to district attorney Mike Bonfoey’s crime/punishment ratio. Alexander’s appointed attorney is considered the best in the business when hired privately and paid the big retainer. But when an indigent client is represented by one of these “hybrid” court appointed attorneys who also have a private practice, they conspire with the DA’s office to levy as much punishment as possible onto that “non-paying” case in an attempt to counter balance the PAYING child rapists and church arsonists they allow off the hook relatively scott free. Because these sinister cases bog down the CRIME aspect of the DA’s crime/punishment ratio so heavily, and since the DA allows the PAYING clients of their pet attorneys to skate off nearly unscathed, the DA must then somehow re-balance that ratio because he has too much crime and not enough punishment, and a DA with a weak bottom line won’t be re-elected. Enter indigent clients such as my son, or yours … who are charged with a relatively mundane crime that DOES NOT add heavily to the CRIME aspect of the ratio – but COULD add heavily to the punishment scale if the parties involved were willing to destroy young lives in order to keep their high paying career’s and positions of influence by over-prosecuting those guilty of much lesser crimes.

      If anyone would like to argue that isn’t true, check on William Russell or Steven Yow. Russell, a previous class H felon before he was charged with child rape who pulled just 19 months for 3 years of abuse toward a 4 year old, and Yow the arsonist who burned the Barberville Baptist Church who served just 3.5 years for causing 2 million in damages. Both of these men were just released back into society, most likely back to Haywood, in July. Both, combined, served less time than my son will pull.

      Sorry, didn’t mean to stray of course, but I want you to understand the severity of your son’s situation, because I DID NOT understand how much of my son’s life was in peril when my boy was going through the exact stage yours is now. Had I know the outcome and how severe it would be, I would have taken much more drastic measures. My advice to you is to start raising hell on a daily basis. Not in a vulgar fashion, but in as professional a tone as possible, harass the people in charge daily. Let them know you are aware of what they’re doing. Tell them you’re discovering other instances of people being abused by their corrupt courts. Call your sons appointed attroneys office every day and ask for updates. If he get’s out of line with you then have your son motion the court for a new attorney. Call the DA’s office and ask why your son is being held without bail being set.

      Study and learn about similar cases in other jurisdictions and compare them with your sons. If they aren’t being treated equally, it’s possible your son’s case could qualify as ‘cruel and unusual punishment’ according to the 8th amendment.

      Please let me know if I can be of any help to you. I’d be very interested to learn the details of your sons case, such as who is representing him, etc. My email is tarheel83169@gmail.com – Alexander’s mother and I are still very active in pursuing justice for our son and we have an abundance of empathy for parents in similar situations. God bless you and hang in there.

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