[Irishdream]

Is there a maximum incarceration time in Tennessee before trial? If a person has served 18 months of jailtime and still no trial date has been set, can a motion of violation of due process be filed? How many times can the prosecution delay trail due to inability to produce witnesses?

[Fr_Chuck]

They can keep delaying, till your attorney files a motion either to have the case dismissed due to violation of a fast and speedy trial, So what did your attorney do or file, the last time they asked for additional time ?

[Irishdream]

Don't know the full details, it REALLY isn't me that is in jail. My landlord's son was arrested 18 months ago for attempted aggravated assault with a vehicle, even though the 5 men behind his truck were not injured and the truck engine not even started! After 2 appearances before the judge with the state producing no witnesses it was bound over to the grand jury. Another 6 months and the last hearing was the same: the state could not produce witnesses, so it was postponed again. The attorney has not filed motion to dismiss. His dad is just looking for anything that can help.

Thanks!

[Fr_Chuck]

There is no time limit, I know in TN and GA it often takes 12 months to 16 months often to get evidence processed though the crime lab ( they don't show or tell you that on the CSI TV shows) So it is not uncommon for people to be held 18 months,

Next if he is still in jail it is because his father or others will not pay the money to bail him out, since there is or would have been bail set.

But the son ( assuming son is over 18) needs to be talking with his attorney, If under 18, there is really an issue, since minors are seldom held that long, unless there is a real family issue at home.

[Irishdream]

No bail has been set... just seems like the attorney would file motion to dismiss. Thanks for the info! I have been going nuts reading any type of law book I can find online dealing with anything possible that could at least get him out until trial.

[Fr_Chuck]

Sorry, bail had to be set, that is done within days of being locked up, unless he waived his rights to the hearings.

[excon]

no bail has been set...

Hello I:

I'm sure your effort is appreciated, but you're not being told the facts. Of course, bail has been set. That happens within 72 hours after his arrest. It's the law. If that DIDN'T happen, the attorney is even more incompetent than he looks upon first glance. He needs a new attorney for starters.

He's entitled to a "speedy" trial unless he waived that right. If he did, and it LOOKS like he did, that's ANOTHER reason why he should fire his lawyer.

excon

[Irishdream]

I know my landlord kept some of the story private. I caught him at a break-down moment & he asked if I could help find anything they could use to try & get his son home until trial. I agree that there needs to be a change in attorney. Thanks for your input and info!!