Motion to Dismiss — Speedy Trial Violation

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01ATTORNEY INFORMATION

Attorney Name *

State Bar No. *

Firm / Office Name

Address *

Phone *

Email *

02CASE INFORMATION

Defendant Name *

File / Case No. *

County *

Court Division

Charge(s)

03FACTOR 1 — LENGTH OF DELAY

Date of Arrest / Initial Charge *

Date of This Motion *

ELAPSED TIME

— days

MONTHS

—

Description of Delay

04FACTOR 2 — REASON FOR DELAY

Primary Cause of Delay

Explanation of Reason for Delay *

05FACTOR 3 — DEFENDANT'S ASSERTION OF THE RIGHT

Did the Defendant Demand a Speedy Trial?

Date(s) Speedy Trial Was Demanded

Form of Demand / Assertion Details

06FACTOR 4 — PREJUDICE TO THE DEFENDANT

Witnesses have become unavailable (deceased, relocated, memory faded)

Defense evidence has been lost or destroyed

Oppressive pretrial incarceration or prolonged anxiety and concern

Defendant's ability to prepare defense has been impaired

Specific Facts Demonstrating Prejudice *

07PRIOR CONTINUANCES (for procedural history)

08RELIEF REQUESTED

DISMISSAL WITH PREJUDICE — BARS RE-PROSECUTION

Under Barker v. Wingo and its progeny, dismissal with prejudice is the only remedy for a speedy trial violation. There is no lesser remedy. The charges are permanently barred upon dismissal.

Additional Relief Requested

SELECTED COUNTY

— Select above —

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BARKER v. WINGO — 4 FACTORS

(1) Length of delay — presumptively prejudicial at over 1 year; trigger for full analysis
(2) Reason for delay — government negligence weighted more heavily than negligence of defendant
(3) Assertion of right — demand in writing, early, and repeatedly; failure to demand weighs against defendant
(4) Prejudice — oppressive incarceration, witness loss, impaired defense

THE ONLY REMEDY

Dismissal with prejudice is the only constitutional remedy
Permanently bars re-prosecution on the same charge
No lesser remedy — the Court cannot impose a shorter sentence or other alternative
Always demand speedy trial in writing at the first appearance and at every subsequent setting

NC STATUTORY FRAMEWORK

G.S. 15A-711: defendant may move for speedy trial after 60 days from arrest (district) or indictment (superior)
State has 30 days to bring defendant to trial after motion is served
Failure → dismissal with prejudice
Constitutional claim is broader — no time period minimum required

STATUTORY REFERENCE

U.S. Const. VISpeedy trial right

NC Const. I § 18NC speedy trial

G.S. 15A-711Statutory motion

Barker v. Wingo407 U.S. 514 (1972)

Doggett v. US505 U.S. 647 (1992)

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