In a case where a defendant is detained without bond for two years with no interruptions and charged with a noncapital felony, what action should the defense take?

In a case where a defendant is detained without bond for two years with no interruptions and charged with a noncapital felony, what action should the defense take?

• A. File a motion to suppress evidence
• B. File a motion to dismiss for the prosecutor's failure to bring the case to trial
• C. Seek a change of venue
• D. Request a competency hearing

Answer: (B)

The key concept is the speedy-trial protection for an in-custody defendant in a noncapital felony case. Louisiana provides a two-year deadline for bringing such a case to trial when the defendant is detained without bond. If that deadline passes without a trial and there are no interruptions tolling the clock, the proper remedy is dismissal of the charges. In this scenario, the defendant has been detained without bond for two years with no interruptions. That deadline has expired, so the defense should move to dismiss the case for the prosecutor’s failure to bring the case to trial within the required time. This dismissal typically ends the prosecution unless the state can show why the charge should be revived, which is generally not favored after a two-year delay. The other options don’t address the delay issue. Suppressing evidence targets illegally obtained or inadmissible material, not the timing of bringing the case to trial. Changing venue deals with where the trial is held, not whether the case was timely brought. A competency hearing focuses on the defendant’s mental ability to stand trial, not on the timeliness of acting on the case.

The key concept is the speedy-trial protection for an in-custody defendant in a noncapital felony case. Louisiana provides a two-year deadline for bringing such a case to trial when the defendant is detained without bond. If that deadline passes without a trial and there are no interruptions tolling the clock, the proper remedy is dismissal of the charges.

In this scenario, the defendant has been detained without bond for two years with no interruptions. That deadline has expired, so the defense should move to dismiss the case for the prosecutor’s failure to bring the case to trial within the required time. This dismissal typically ends the prosecution unless the state can show why the charge should be revived, which is generally not favored after a two-year delay.

The other options don’t address the delay issue. Suppressing evidence targets illegally obtained or inadmissible material, not the timing of bringing the case to trial. Changing venue deals with where the trial is held, not whether the case was timely brought. A competency hearing focuses on the defendant’s mental ability to stand trial, not on the timeliness of acting on the case.