The big legal battle just south of Atlanta has a crucial message for anyone who’s been charged with DWI. Actress Tiffany Haddish has formally asked a Fayette County judge to completely dismiss her 2022 DUI case, which stems from an arrest in Peachtree City. At the heart of her legal team’s argument is the court’s failure to grant her constitutional right to a speedy trial, which has allowed the case to remain ‘on hold’ for a jaw-dropping 52 months. Celebrity legal drama is the news but for those who drive in Metro Atlanta every day, these massive bureaucratic delays are happening all the time. It’s a crucial element of legal defense in the modern era to know how to deal with the sluggish court process.
A speedy trial is not simply a legal catch phrase, but a constitutional right guaranteed by the Sixth Amendment of the U.S. Constitution and very clearly defined in Georgia state law. The criminal justice process is already an emotionally stressful situation, and defendants are entitled to the possibility of resolving their charges without going through years of dread. In the State of Georgia, prosecutors typically have two years to formally charge with a misdemeanor DUI after arresting someone. But, after charges are filed, a case can become a very serious back log, particularly in a high volume circuit or jurisdiction where motions languish for years on a judge’s desk without being heard. The mere fact that a claim will not be resolved in time will be detrimental to a person’s ability to defend a claim. Key witnesses disappear, memories fade from the traffic stop, and key dash camera footage can be erased or deleted from police computers.
The defense has a chance to file a motion to dismiss the case after years of delay if there is any violation of the constitution. These claims are judged by Georgia courts based on four factors: the amount of delay, the cause of the delay, if the defendant actively asserted his or her speedy trial right, and if the defendant suffered prejudice or harm. The Haddish case is one in which her attorneys say that the delay of nearly four-and-a-half years is prejudicial in and of itself. They noted that the defense has told the court it’s ready for trial a number of times, that it has received numerous reminders from the defense about unanswered motions, and that the long open case has had an impact, such as making it extremely difficult to get international travel documents to go to work. That same prejudice could mean a regular citizen losing his or her commercial driving position, an apartment lease, or a promotion in the workplace.
The intricacies of a speedy trial demand are extremely hazardous to undertake without assistance. However, in other cases, a delay may be beneficial to the defendant, so that the defense can strive to obtain more evidence, or reach a better plea deal, when a prosecutor’s case becomes stagnant. At other times, if they are required to stand trial under Georgia’s strict statutory requirements, the state is required to conduct the trial in the current or next court term; otherwise, the charges will be automatically dismissed. Given the high stakes and the strictures of the procedure, it is imperative to have a highly experienced and talented Atlanta DUI Lawyer on your side. One that understands when to let the clock tick to your benefit and when to attack the court.
Attorney James Yeargan has a proven history of protecting the rights of his clients under the U.S. Constitution from being unnecessarily or willfully violated by administrative indifference or malicious prosecutive delay. He knows that justice that is deferred is justice that is denied, particularly when you are living in fear of an open criminal charge that can negatively impact your livelihood and peace of mind. A quality DUI Attorney Atlanta understands how to meticulously record all court delays, draft the proper statutory demands, and clearly present to a judge how the state’s timeline has adversely affected the case. When you are stuck in the frustrating Georgia court system, you don’t need to sit and wait for years for your case to be heard. The problems involved in gathering evidence for a case can be enough to keep your charges dismissed if you take a proactive defense.
