The right to a speedy trial can be helpful for those facing criminal charges in Massachusetts. This was made adamantly clear when the Commonwealth decided to drop all charges against a defendant who successfully argued his Sixth Amendment rights had been violated. This situation illustrates when a Sixth Amendment defense might be useful, how much time needs to pass, and how defendants can implement this strategy when fighting drug and firearms charges in Massachusetts.
Commonwealth vs. Juan Carlos Felix
In a recent case, the Commonwealth was left with no other choice but to reverse its judgments of conviction due to a successful Sixth Amendment defense. The case revolves around a defendant charged with possession of fentanyl, cocaine, firearms, and ammunition. He also faced a charge of discharging a firearm within 500 feet of a dwelling. Although he was initially found guilty on all of these charges, he filed an appeal and claimed that his right to a speedy trial had been violated. Upon examining the case, the Commonwealth failed to justify the delays and let the man walk free.
The incident involved an alleged shooting incident in Fitchburg. A witness initially saw a group of individuals in an armed altercation while driving through the area. Police arrived at the scene and found two of the three individuals walking nearby. One of these individuals was the defendant, who fled and tried to hide underneath a porch. However, he was apprehended and discovered with a firearm and various drugs.
His indictment was issued by a grand jury on March 16th, 2017. About three months later, he attended the pretrial conference. Two weeks passed, and he filed a discovery motion – with a discovery hearing scheduled shortly afterward for September 2017. However, delays forced the Commonwealth to reschedule for October of that year. The defendant then filed a motion to suppress evidence, which was eventually denied in December 2017. By February of 2018, he had filed another motion. Eventually, a final pretrial conference was scheduled for April – but once again, the Commonwealth was forced to push the date back until June.
It was not until a full year had passed that the actual trial was scheduled. Even then, the date was pushed back even further based on requests from both parties. These delays continued for years, and in October 2019, the defendant argued that his right to a speedy trial had been violated. The court ignored this request and proceeded with a trial, which occurred on January 6th, 2020.
The Commonwealth later acknowledged that it needed to justify trials that take more than one year to occur. Since this trial took not one but numerous years to actually occur, they had no choice but to conclude that the defendant's right to a speedy trial had been violated.
Find an Experienced Criminal Defense Lawyer in Massachusetts
If you have been searching for an experienced criminal defense lawyer in Massachusetts, look no further than Edward R. Molari. The Sixth Amendment is just one potential defense strategy that may prove useful when fighting firearms or drug charges in the Commonwealth. To discuss other legal options, be sure to book a consultation at your earliest convenience.