My older brother was murdered along with another victim(friend) back in February of 2005. The accused was arrested and has been in custody since 2 or 3 days after the crime. I believe the defendant is trying to go the insanity route, I periodically check the dockets on the case and most recently there was an "order to determine defendants sanity". Is a trial like this common to take this long? Am I able to take any legal action against the defendant or state to finally put this case to rest?
Gregory L. Olney IICriminal Defense AttorneySaint Petersburg, FLFL licensed ·
use the "find a lawyer" function on this website to locate an experienced local criminal defense attorney to speak to the prosecutor and to review the case file in order to answer your questions and to decide on a course of action.
The best thing for you to do is contact the victim advocate at the local state attorney's office. If the defendant, as you say, goes the insanity route, the case can become quite muddied.
Nicholas Peter CongelossiCriminal Defense AttorneyOrlando, FL ·
I agree with Mr. De Groot, contact the victim advocate at the State Attorney's office and ask them to explain what's going on. I suspect that the defendant can not be tried for his crime until he is deemed competent to understand the charges and withstand a trial. Constitutionally a person can not be put on trial if they are found to be lawfully insane or incompetent to understand the charges and the potential repercussions. Good luck!
Unfortunately, No, there is nothing you can do to get a speedy trial. That is the right of the accused. If he is being, or has been, evaluated for competency to stand trial it can take many years. This sounds like what is happening. This is different from an insanity defense at trial. Being a felony, his lack of competency is not likely to result in dismissal of the charges. He is likely being held in a medical facility and would be treated to restore his competency. His can is likely only reviewed every five years, so I'm not surprised things are moving faster for you. You indeed can probably get more specific information from the Office of the State Attorney where it happened. I hope this was helpful. Good luck.
Gregory Maurice WagnerCriminal Defense AttorneyDaytona Beach, FLFL licensed ·
No Speedy trial is a right that a defendant has not the victims .I assume the defendant is in jail so that's good. But I understand the need for closure. Get in touch with the assistant state attorney who is assigned to the case and explain your frustration and see if he can move things along. No Its not unusual that it takes this long !
Murder cases can take ten years and I will tell you why having tried homicides in Miami for 17 years. I am sorry for your loss. If a defendant is found to be incompetent during the preparation of the case or any time during litigation, then the defendant has to be sent two one of 2 state mental hospitals. The defendant will stay in that hospital while the state tries to put the defendant back to a mental state where they can participate in their own defense. Competency and the insanity defense are ver different. A trial being delayed this long is frustrating for everyone. He has been in custody for 10 years and not on the streets. It is important to do the trial right than to have it overturned on appeal. That's our system. It is hard sometimes, but it works. I hope this answer was helpful.
Ricardo R. CoronaCriminal Defense AttorneyMiami, FL ·
As tragic a loss and frustrating it is for you there is little you can do to force the process along. The right to a speedy trial belongs to the accused not to the victims nor their families. I agree that you should be in contact with the state attorney's office victim Liasion and the prosecutor assigned to the case if possible. And keep periodic contact with them so they are aware. There is no legal action you can take against the state. You could have sued in civil court the defendant and any one else that may have been responsible for the death of your brother for money damages but it is likely that the statute of limitations has run on that cause of action. If the defendant has no assets that would not had much impact though.
Carlos M. FleitesCriminal Defense AttorneyMiami Beach, FL ·
The criminal justice system is purportedly designed to protect the rights of the accused. As such, the system often errs in favor of allowing the Defense a very lengthy amount of time to prepare a defense to charges as serious as murder.
The right to a speedy trial is one that can only be invoked by a criminal defendant, not a victim or victim's family. Consequently, it will not be available to you as a means of expediting the trial process.
As my colleagues have discussed, your best course of action is to stay in contact with the victim's advocate from the State Attorney's office that is prosecuting your case and make your concerns known to them while insisting that they keep you informed at every step of the proceeding.
Please be sure to indicate if you find this answer to be helpful!
