Speedy Trial Win: A FrizWoods Case Study
Procedural Outcome
Our client faced Loaded Handgun on Person and Handgun in Vehicle charges. After the State entered a Nolle Prosequi on the original case and refiled months later, FrizWoods filed a Motion to Dismiss based on the Sixth Amendment right to a speedy trial. Applying the Barker v. Wingo balancing test and citing Maryland Rule 4-271, the Court granted the motion, resulting in a full dismissal and no criminal record.
Problem: Firearms Charges Refiled After Months of Delay
Our client was arrested and charged with Loaded Handgun on Person and Handgun in Vehicle, both serious firearms offenses carrying significant legal consequences in Maryland.
After the initial arrest, the State entered a Nolle Prosequi (voluntary dismissal) on the original charges. Months later, the prosecution refiled the same charges under a new case number. Even after refiling, the State failed to provide timely discovery or move the case toward trial.
Nearly nine months passed between the arrest and the scheduled trial date. For a straightforward misdemeanor firearms case, that delay was far beyond what the law allows.
Action: Repeated Speedy Trial Demands, Barker v. Wingo Analysis, and Motion to Dismiss
Asserting Speedy Trial Rights Three Times
- From the moment FrizWoods was retained, we filed a formal demand for a speedy trial.
- We repeated that demand three separate times at critical stages of the proceedings, creating a documented record of the client's consistent assertion of constitutional rights.
Filing the Motion to Dismiss
- Our team conducted a detailed timeline analysis and filed a comprehensive Motion to Dismiss for Lack of Speedy Trial.
- We applied the four-factor Barker v. Wingo balancing test:
| Factor | Finding |
|---|---|
| Length of Delay | Nearly nine months between arrest and trial, well beyond expected timelines for misdemeanor firearms charges |
| Reason for Delay | The prosecution provided no justification for the lengthy delay despite the straightforward nature of the case |
| Assertion of Rights | The client continuously asserted the right to a speedy trial through three formal demands |
| Presumed Prejudice | The prolonged delay created a legal presumption of prejudice, harming the client's ability to mount a full defense |
Forcing Accountability Through Maryland Rule 4-271
- We filed multiple motions demanding discovery and compliance with Maryland Rule 4-271, which governs trial timelines and generally requires that trials occur within 180 days of a defendant's first appearance.
- By combining the constitutional protections of the Sixth Amendment with Maryland procedural rules, we built a case the Court could not ignore.
Resolution: Full Dismissal of All Charges
The Court agreed with our analysis and granted the Motion to Dismiss, resulting in:
- Full dismissal of all firearms charges
- No criminal record for our client
- Complete vindication under constitutional law
This outcome proved that procedural rights are a powerful defense tool when applied strategically. The prosecution's failure to act within constitutional limits cost them the case entirely.
Key Takeaway
| Element | Detail |
|---|---|
| Charges | Loaded Handgun on Person, Handgun in Vehicle |
| Court | Maryland District/Circuit Court |
| Key Defense | Sixth Amendment speedy trial rights, Barker v. Wingo test, Maryland Rule 4-271 |
| Outcome | Full dismissal of all charges, no criminal record |
| Attorney | Max Frizalone |
Legal Entities Referenced
- Constitutional Amendment: Sixth Amendment (Right to a Speedy Trial)
- Case Law: Barker v. Wingo, 407 U.S. 514 (1972)
- Maryland Rule: Rule 4-271 (Trial Date in Circuit Court)
- Procedure: Nolle Prosequi, Motion to Dismiss, Formal Speedy Trial Demand
- Charges: Loaded Handgun on Person (Maryland Criminal Law Section 4-203), Handgun in Vehicle (Maryland Criminal Law Section 4-203)
Frequently Asked Questions
What is the right to a speedy trial?
Under the Sixth Amendment to the U.S. Constitution, anyone charged with a crime has the right to be tried within a reasonable time. When the government delays too long without justification, a defendant can move to dismiss the charges entirely. Courts use the Barker v. Wingo test to weigh four factors: length of delay, reason for delay, the defendant's assertion of rights, and prejudice to the defendant.
How long is too long for a trial delay in Maryland?
Under Maryland Rule 4-271, trials in Circuit Court should generally occur within 180 days of the defendant's first appearance or the entry of defense counsel. Delays beyond this threshold can raise serious constitutional concerns and open the door to a dismissal motion.
Can my case be dismissed for procedural violations?
Yes. If the State fails to follow constitutional or procedural rules, like speedy trial requirements, your case may be eligible for dismissal. This is exactly what happened here. An experienced criminal defense attorney can identify these opportunities and use them aggressively.
Facing firearms charges or a case where the State has been dragging its feet? Timing matters. Contact FrizWoods for a free consultation. Justice delayed should not be justice denied.