![]() The defendant simply needs to show that their case was in fact undermined by the delay, and then the prosecution will need to show that there was a justification for the delay. In still other states, the defendant does not have the burden of proving that the police or prosecution intentionally caused the delay to help their case or undermine the defendant’s case. A court will not rule for the defendant if the delay did not affect the relative strengths and weaknesses of each side’s arguments. Similar to the situation above, the defendant must show that the delay not only was intentional but also was material to the outcome of the case. ![]() Perhaps it prevented the defendant from presenting witness testimony that would have supported an alibi or suggested that someone else committed the crime. The delay also must have furthered the prosecution’s case. The Fifth Amendment due process clause applies to the federal government, while the Fourteenth Amendment due process clause applies to the states.Ĭourts in some states will dismiss a charge or throw out a conviction on the basis of an untimely arrest only if law enforcement intentionally caused a delay. For example, defendants have not prevailed when they alleged that they could no longer find certain witnesses to testify for them, without explaining the relevance of their testimony to the case. A general argument that a long delay naturally caused the decay or disappearance of evidence will not be enough to get the charge dismissed. They will need to provide a thorough explanation of how the delay undermined their defense. However, a defendant may make a due process argument that they did not have a right to a fair trial if the arrest was greatly delayed. There is no specific provision in the Constitution that contains a right to a timely arrest, similar to the right to a speedy trial. Reasons for Dismissal Based on an Untimely Arrest Statute of limitations = the time within which the law prescribes that a criminal prosecution must begin (ranging from a few months to multiple years from when the crime was committed, depending on the severity of the crime – some of the most serious crimes, like murder, have no statute of limitations)
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