07-23-2009, 01:41 PM
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Junior Member
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Join Date: Jul 2009
Posts: 1
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Right to a Speedy Trial
I would like to find out if I can help my son file a motion with Superior Court to allow him to go to trial. My son was arrested 18 months ago for criminal conspiracy in the distribution of an illegal substance. Its alleged that he and several other young men were involved in a drug ring in SW NY to distribute drugs. My son has indicated to his attorney and federal fact finders that he is guilty of selling but is not part of a drug ring. The other young men have indicated the same. They are accused of conspiracy primarily because they are related and bought their drugs from the same supplier. My son has recorded sales of an amount that would not warrant a Federal charge if he was not accused of criminal conspiracy. Even in magistrate court, the precedence that has been established would probably limit his jail time to 12 months with 6 months probation. He found a Federal case that closely resembles his and the federal prosecutor was found guilty, after the fact, of conspiring to prevent a speedy trial. My son would like to go to trial but 7 motions have been filed totaling 12 months for additional time to review 40 hours worth of wire taps. The magistrate keeps granting extensions for all sorts of petty reasons. It’s my belief that the Federal prosecutor does not have evidence to prove criminal conspiracy and is waiting for one of the alleged conspirators to plea bargain. My son’s court appointed attorney is full of excuses and promises but has not done anything to speed the process along. I would like to assist my son in making a request or filing a motion in Superior Court so that he can go to trial.
Is there an appropriate form or process that can be used to accomplish this.
Please help
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