I have had a open case in court for distribution of class a and its been over 7 months now since the drug labs haven’t came back how much long does the court have before i can get it thrown out of court or dismissed?
I practice in Worcester County, including Gardner and am familiar with this issue. It depends on the judge, but in my experience they will the Commonwealth generally 2-3 opportunities on compliance dates to produce the drug certificate before they will exclude the drugs from evidence. Chances are in 7 months they have had 2-3 opportunities. If your lawyer has not done so they should ask that the drugs be excluded from evidence on the next date. You should object to any further continuances on the record to protect your speedy trial rights.