Charges Dismissed, Client Right to Speedy Trial, hourglass and gavel

Charges dismissed because of violation of clients’ rights to a speedy trial

Attorneys Tom Sieben and Alex Hertogs recently obtained the complete dismissal of charges by arguing that their clients’ right to a speedy trial had been violated based on Doggett v. United States. In one case, Tom Sieben’s client was charged with theft by swindle. In another case, Alex Hertogs’ client had been charged with second degree assault and domestic assault.

Doggett v. United States

Doggett v. United States was a landmark case decided by the United States Supreme Court in 1992. The case dealt with the issue of whether the government’s delay in prosecuting a criminal defendant violates the Sixth Amendment right to a speedy trial.

The case arose when Richard Doggett was indicted by a federal grand jury for his role in a drug conspiracy in 1983. However, Doggett was not arrested until 1988, almost five years later. Doggett argued that the delay violated his Sixth Amendment right to a speedy trial and moved to dismiss the charges against him.

The Supreme Court held that the government’s delay in prosecuting Doggett violated his Sixth Amendment right to a speedy trial. In reaching this decision, the Court applied a balancing test that considered the length of the delay, the reason for the delay, the defendant’s assertion of his right, and the prejudice to the defendant.

The Court found that the delay in prosecuting Doggett was “presumptively prejudicial” because it was a delay of more than five years and the government did not have a good reason for the delay. The Court also found that Doggett suffered actual prejudice as a result of the delay, including the loss of witnesses and evidence that could have helped his defense. As a result, the Court held that the charges against Doggett must be dismissed.

Second Degree Assault and Domestic Assault Charges Dismissed

Attorney Alex Hertogs’ client was charged in 2018 with Second Degree Assault and Domestic Assault.  At that same time, a warrant was issued for their arrest. However, the client was not arrested in 2023. Attorney Alex Hertogs demanded a speedy trial and filed a motion to dismiss based on Doggett v. United States. The prosecutor investigated the issue and found that while the arrest warrant was issued in 2018, it had not been processed until 2023. After discovering this, the prosecutor agreed that the case had to be dismissed.

Theft by Swindle Charges Dismissed

Attorney Tom Sieben’s client was charged with five counts of Theft by Swindle. The client was charged in 2015 and a warrant was issued for their arrest but the client was not arrested until 2019. Attorney Tom Sieben demanded a speedy trial and argued that the client’s right to a speedy trial had been violated under Doggett v. United States. The State opposed the motion. The court ruled that the client’s right to a speedy trial was violated and dismissed the case.

If you believe that your right to a speedy trial has been violated, call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.

Call Sieben & Cotter at 651-455-1555 to arrange your free and comprehensive consultation, or send a request for more information.