I hope Surry doesn't drag it out by asking for a continuance. So far the demonstrated lack of competency has me concerned.
As far as Ung goes, I believe it wasn't just him, but he was in fear of his GF who had been grabbed by one of the thugs during the encounter.
OT (Ung) -> Skidmark's case:
[Strike]The continuance may be required to be accepted by the defendant because the right to speedy trial clock should be running. Prosecution could ask for a continuance and Skidmark could deny the request based on this. But one would have to inquire with a lawyer since I am only guessing. [/Strike]Although it seems like the prosecution has plenty of time for this 5 or 9 months depending on the charges. It is noted that for form the defense must object under speedy trial rules for any continuance, in fact the defense must object to every motion and most words that the prosecutor utters (my opinion).
http://www.virginialawoffice.com/rcases/winston-dismiss-indictments.pdf
http://crimlaw.blogspot.com/2005/09/winning-speedy-trial-argument.html
One can waive those rights:
http://www.pwcgov.org/docLibrary/PDF/007931.pdf
Speedy Trial
You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime.
This right can be waived by asking for additional time for the preparation of your defense.
Speedy Trial rights in Virginia
With limited exceptions, a defendant should be brought to trial in Virginia:
* Within 5 months if the accused crime is a felony and the defendant is in custody
* Within 9 months if the accused crime is a felony and the defendant is not in custody but has been recognized for his appearance in court
* Within 5 months if the accused crime is a misdemeanor or a traffic infraction and the defendant is in custody
* Within 9 months if the accused crime is a misdemeanor or traffic infraction and the defendant has been recognized for his appearance in court
A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration.