In People v. Mirenda, the court found that a defendant was denied his right to a speedy trial and his case was dismissed because criminal charges had been filed 26 years before prosecution actually had begun on the case. There, the defendant was arrested in Pennsylvania for suspected assault with a deadly weapon and attempted murder, shortly after the incident. But the prosecutor on the case declined to return the defendant for trial in California and he was released from custody. His warrant was changed to “California only” and no prosecution of Mirenda was commenced either in Pennsylvania or California. His public defender in Pennsylvania even told him his case had been dismissed. Then in 2007, while applying for social security benefits in Arizona, the social security office informed him of his arrest warrant stemming from the case of 1981. He was then arrested in Arizona and was extradited to California where he faced these 26 year old charges. However, the Court of Appeal found that the defendant had been denied his right to a speedy trial because the prosecutor had not begun their prosecution on the case until 26 years later. Also, the delay would cause prejudice to Mirenda’s case because of a lack of, or misplacement of evidence. Therefore, the Court granted the defendant’s motion to dismiss based on the defendant’s right to a speedy trial.

These and other issues are important to be aware of when dealing with a criminal case. Although you might not be facing 26 year old criminal charges, it is extremely important that you hire a competent and aggressive attorney to defend you on your case and one that is aware of all possible issues and ways to resolve the case. The Law Offices of Michael S. Carrillo is a firm that will fight for you and your rights. To receive a free consultation, call (323) 600-5393 or email Mike@mikecarrillo.com.