On February 9, 2017, Pat Flaherty’s advocacy on behalf of a criminal client ensured justice was done. The case involved the rights of the accused – especially since he was incarcerated. The Constitution of the United States guarantees the right to a speedy trial. This is a fundamental right and the prosecutors work hard to ensure that the accused is able to exercise their rights.
However, in Cascade County, a client was being held on charges for felony aggravated kidnapping and misdemeanor assault. Without waiving his right to a speedy trial, the accused was held for 374 days.
The Supreme Court has determined that incarceration over 200 days without trial triggers a speedy trial review.
Pat Flaherty was able to show that the delay was not due to the Defendant and prejudiced his defense.
The result was a ruling that saw the District Court Judge grant the motion to dismiss filed by Pat.