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    bd3182's Avatar
    bd3182 Posts: 3, Reputation: 1
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    #1

    Aug 3, 2012, 07:30 PM
    Time limitation for trial
    I was charged with drug possession in late 2011, my first court appearance was for early 2012. They mistyped the date (year was 2011 on the court papers), so when I turned up for it, I wasn't on the court docket. My question is how long do I have to wait till its dissmissed? My main issue is they took my passport as evidence and I want it back, but don't want to be served a new court date.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 4, 2012, 06:07 AM
    Quote Originally Posted by bd3182 View Post
    My question is how long do I have to wait till its dissmissed? My main issue is they took my passport as evidence and I want it back, but don't want to be served a new court date.
    Hello b:

    Couple things... If you've been charged, they are required to give you a "speedy trial". If they haven't, YOU need to move for a dismissal. They won't do it on their own. And, are you sure they didn't schedule you and just didn't tell you?? They've been known to DO that.

    Secondly, if you "lost" your passport, apply for a new one because you "lost" your first one.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 4, 2012, 08:04 AM
    Speedy trial rules vary from state to state. You would have to check the rule in your state.

    Are you on bail? Do the conditions of release allow you to leave the country? If not, why do you need the passport?

    Quote Originally Posted by excon View Post
    ...
    Secondly, if you "lost" your passport, apply for a new one because you "lost" your first one.
    ...
    I supect that they may have taken the passport not just as evidence, but to prevent OP from fleeing the country. If so, wouldn't they have notified the State Department to put a "hold" on it?
    bd3182's Avatar
    bd3182 Posts: 3, Reputation: 1
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    #4

    Aug 9, 2012, 03:49 PM
    OP here

    excon:

    They did schedule me, but the date was for January 2011, but I was changed in Nov 2011, so really it was a typo. When I went to plead not guilty on my January court date, my name wasn't on the docket for the day, which upon further review of my papers, I realized they put down the wrong year.

    And yes, applying for a new passport was an idea of mine, but I've heard having a lost passport on your record jeopardizes ones chance at obtaining a "nexus" card.

    AK lawyer:

    I'm actually canadian, as are the charges etc.

    I am not on bail, I was released after a couple of hours on a promise to appear, which I tried to do, except the date I was given had the wrong year typed in.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Aug 9, 2012, 03:57 PM
    Yes they won't dismiss the charges, they will just reschedule a new court date, your attorney can ask for a dismissial, but I don't see it happening.
    bd3182's Avatar
    bd3182 Posts: 3, Reputation: 1
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    #6

    Aug 9, 2012, 04:02 PM
    That's what I was thinking, and that's why I'm not pressing for my passport, cause I assume I'll just be handed a new court date. However, I know there are statutes of limitations, and rights to a speedy trail, so my question really is, how long till this blows over? Come November it will have been a year since I was charged.
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