October 27, 2020 By Paul Wallin

Federal Judge Dismissed a Drug Case When the Federal Court Refused to Resume Jury Trials and Violated the Defendant’s Constitutional Rights

The right to a speedy jury trial is one of the most fundamental American rights and the court cannot deny an accused person the right to a jury trial unless conducting one would be impossible. “This is true whether the United States is suffering through a national disaster, a terrorist attack, civil unrest or the coronavirus pandemic: that the county and the world are currently facing” said U.S. District Court Judge Cormac Carney earlier this month.

Federal Drug Charges Dismissed

In the case U.S. v. Jeffrey Olsen, Judge Carney dismissed charges against Dr. Olsen who was accused of prescribing and distributing oxycodone, amphetamine salts and hydrocodone to patients. In his opinion, Judge Carney forcefully laid out the importance of a speedy jury trial stating, “nowhere in the Constitution is there an exception for times of emergency or crisis. There are no ifs or buts about it.”

While other judges disagree with Judge Carney, last Tuesday the judge took to the bench and chastised those colleagues and complained about the federal prosecutors who he said, ‘continue to arrest, charge and indict people without the prospect of a jury trial.’ In making his decision, Judge Carney relied on the “Speedy Trial Act” which requires a trial to start within 70 days of the filing of the indictment or a defendant’s initial court appearance.’

In dismissing the case against Dr. Olsen, the Judge noted that a dismissal was ‘the only sanction with enough teeth to create any hope of deterring additional delay in the resumption of jury trials and avoid further dismissals of indictments for violations of the defendants’ constitutional rights to a public and speedy trial.”

Prosecutors Tactics to Trick You Into Waiving Your Rights

Judge Carney also called out Prosecutors for suddenly “offering favorable deals to defendants to incentivize them to plead guilty.” He cited a report that shows “the office has nearly three times the number of cases in the pretrial phase and only about half the cases in the presenting phase in 2020 as compared to a similar period in 2019.’ He faulted Prosecution tactics of offering a two-level variance to many defendants, so long as they waive certain rights.

Judge Carney is not alone in protecting the Constitutional rights of American citizens. Judge David Carter also made it very clear, “I do want jury trials to get going.” But he suggested that if defendants do not agree to waive their right to a speedy trial, Judge Carter “was told he can’t get jurors for at least seven weeks.”

A delay in trial is a delay in justice. If you are facing a state or federal criminal case in California you are entitled to a speedy trial. If you feel that you have been denied that right, you may be entitled to a dismissal of your case so long as you demand that right. Do not allow the prosecution or your attorney to ‘waive’ your right to a speedy trial.

Contact a Wallin & Klarich Criminal Defense Attorney Today!

Your right to a speedy jury trial is important. Wallin & Klarich’s experienced criminal defense attorneys will do everything they can to fight for you and make sure your rights are protected and ensure that the prosecution operates within their ethical obligations. With over 40 years of experience defending persons facing federal and state criminal charges we have the legal experience and commitment to help you obtain the best result possible in your case.

With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, you can find an experienced Wallin & Klarich criminal defense attorney available near you no matter where you are located.

Contact our offices today at (877) 4-NO-JAIL or (714) 587-4279 for a free, no-obligation phone consultation. We will be there when you call.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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