Use It or Lose It

The Second Circuit has made it very clear that if you do not move for a dismissal based on a violation of your right to a speedy trial, it is simply deemed waived. If you do not move for a dismissal, a constitutional argument can be made, but is extremely difficult to win. You have to show, among other things, that the length of the delay is unreasonably long, and that the prejudice in defending yourself is real and significant, whereas a speedy trial claim in violation of the law governing speedy trial is simply a matter of computation.

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