Speedy Trial Rights After Repeated Preliminary Hearing Continuances
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
The prosecutor has asked for my prelim to be rescheduled for the fourth time now because the cops haven’t showed up at the first 3 hearings. My attorney has refused to ask for a dismissal each time I have requested he do so. He is more interested in flirting with and helping the prosecutor than he is my case and what is in my best interest. My constitutional rights are being violated are they not? What can I do to get a dismissal?
Attorney Answer
Continuances caused by police witnesses failing to appear do not automatically violate your speedy trial rights, but you are entitled to have the delay put on the record — and if your attorney will not do it, you can raise it with the judge yourself and ask the court about substitute counsel.
Speedy trial analysis weighs several things together: how long the delay has run, the reason for each continuance, whether the defendant actually asserted the right, and whether the delay has genuinely harmed the defense. Delay caused by the prosecution's own witnesses not showing up is the kind of reason that can support a dismissal argument, but usually only where the defense objects on the record each time and asks the court either to proceed or to dismiss. Silence, or agreeing to a continuance without objection, can be counted against that argument later even if you personally never wanted the delay.
If your attorney is declining to file a motion you have repeatedly asked for and you believe your interests are not being represented, you have options. Courts generally allow a defendant to address the court about representation, and you can also ask about substitute counsel or file a complaint. A defendant's own on-the-record objection carries weight even when counsel has not made the same objection.
What you can do
1. At the next setting, ask the judge directly, in your attorney's presence, to note your objection to any further continuance and your demand for a speedy trial. 2. Put the request to your attorney in writing, such as an email asking him to move for dismissal for delay, so there is a dated record that you asked and when. 3. Ask the court about the process for raising concerns regarding your representation, including a request for substitute counsel. 4. Contact the Utah State Bar or a legal aid organization for a second opinion on whether what you are describing reflects a real problem or a defensible strategic choice. 5. Keep your own log of every setting, who failed to appear, and what your attorney did or did not do, since that record matters if you seek new counsel or file a complaint.
Speedy trial objections generally have to be asserted promptly and on the record, or the delay risks being charged against the defense and the claim treated as waived. This is time-sensitive and warrants individual review by a Utah criminal defense attorney now.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- State v. Puente, 2024 UT App 192, 562 P.3d 1223 — Court of Appeals of Utah 2024
- State v. Samora, 2022 UT App 7, 504 P.3d 195 — Court of Appeals of Utah 2022
- State v. Tuinman, 2023 UT App 83, 535 P.3d 362 — Court of Appeals of Utah 2023
- State v. Hintze, 2025 UT 3, 567 P.3d 506 — Utah Supreme Court 2025
- State v. Hintze, 2022 UT App 117, 520 P.3d 1 — Court of Appeals of Utah 2022
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Frequently Asked Questions
What factors do courts weigh in a speedy trial claim?
Courts typically consider the length of the delay, the reason for it, whether and when the defendant asserted the right to a speedy trial, and whether the delay actually prejudiced the defense. No single factor is automatically decisive.
What is the purpose of a preliminary hearing in a Utah felony case?
It is a hearing at which the State must present enough evidence to establish probable cause that a felony was committed and that the defendant committed it, before the case is bound over for trial. It is not a trial, and the standard is well below proof beyond a reasonable doubt.
Does agreeing to a continuance affect a later speedy trial argument?
It can. Delay attributable to the defense, including continuances agreed to without objection, is generally weighed against a later speedy trial claim, which is why objecting on the record at the time of each continuance matters.
