A man facing murder charges in Colorado may go free if the court finds his right to a speedy trial has been violated, according to local news channel KRDO. The defendant was arrested in September 2008 and charged with stabbing and killing a 38-year-old man outside a Pueblo bar. A year and a half later, his trial has still not begun.
Under Colorado law, setting a trial date is the prosecutor’s responsibility. The prosecutor has six months to bring a defendant to trial after the defendant enters his not-guilty plea. In this case, the first trial date was withdrawn after the court learned that an investigator for the public defender’s office had an inappropriate relationship with one of the prosecution’s witnesses in this case. For unknown reasons, a second trial date was never set.
The defendant and his current attorney are seeking to have the case dismissed because of the year and a half delay in bringing the defendant to trial. They state that the delay has violated the defendant’s right to a speedy trial under both the U.S. Constitution and the Colorado Constitution.
In the United States, when someone is charged with a crime, the U.S. Constitution and the state constitutions provide the accused with certain legal rights. When these rights, such as the right to a speedy trial, are violated, they undermine the accused person’s ability to receive a fair trial. Protecting your rights when you’ve been charged with a violent crime is the top priority of an experienced Colorado violent crime attorney. At The Bussey Law Firm P.C., our lawyers strive to make sure your rights are respected while seeking the best possible outcome in your case. If you have been accused of a crime in Colorado, please call The Bussey Law Firm P.C. today at 719-475-2555 for a free and confidential consultation.