3/29/2024 0 Comments Mass criminal motion to dismiss![]() ![]() The defendant objected to each of these delays and the motion judge found that these 268 days attributable to the Commonwealth.” The main focus of the decision was the justification for various “continuances contributing to the delay of the defendant’s trial.” Four of the continuances, “accounting for 268 days, attributable to what the parties agree was court congestion. The occasion of each of these four delays was a lack of any or a sufficient number of jurors, but the length of the delays was also due at least in part to the court’s calendar constraints…. The decision was based on the fact that the defendant was not brought to trial within the requisite one-year time frame, and the Commonwealth failed to demonstrate that the delay was justified. ![]() This rule of criminal procedure addresses a defendant’s right to a speedy trial and allows for a dismissal of the charges where a defendant is not brought to trial within one year after his arraignment, not including any “excludable” time – i.e., any period of delay resulting from justifiable delays or agreed upon continuances, as laid out under the rule. Davis, the Appeals Court affirmed the allowance of the defendant’s motion to dismiss under Mass.R.Crim.P.
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