How can I compel the court to dismiss charges for a 2019 arrest in Arizona due to violation of speedy trial rights and lack of communication?

Question

In 2019, I was arrested in Arizona for allegedly possessing a dangerous drug, but no charges were filed, and the case was closed. Almost five years later, the Superior Court reopened the case without notifying me. I voluntarily appeared at a hearing after noticing the case in public records. I missed another hearing because I was incarcerated in another county, after which a warrant was issued with a $5000 bail.

I was informed that I needed to pay the bail to resolve this, but I was arrested on my way to pay it. I appeared virtually, and the court ordered my extradition for an arraignment, but the arraignment was held without my presence. I posted the $5000 bail and filed a motion to exonerate my bond, but no hearing was set afterward. For over eight months, I received no communication regarding the motion, nor any updates via email or mail.

I then filed a motion to dismiss due to the violation of my right to a speedy trial. The judge stated it appeared I failed to serve these motions upon the state and scheduled a settlement conference to review the motions and set future court dates. Additionally, there have been three in-chambers meetings regarding my case that I was never notified about or informed of their proceedings. How can I compel the court to dismiss the charges?

James L. Arrasmith · Answer

You can start by filing a Motion to Quash the outstanding warrant and vacate any defective orders, since your right to appear was frustrated by lack of notice and proper arraignment. 
 
Next, under Arizona Rule of Criminal Procedure 8.2, demand a speedy trial in writing if charges remain pending and you’ve never formally been arraigned; that demand triggers the court’s obligation to bring you to trial or dismiss. In the alternative, file a Motion to Dismiss for Failure to Prosecute under A.R.S. § 13-403, arguing the state’s decade-long delay and its reopening of a closed case violate your due-process and speedy-trial rights. 
 
You should also file a “Motion to Exonerate Bond” and set it for an immediate hearing—once the court rules your bond exonerated, there’s no bail obligation to keep you tethered to court dates. If the court continues to ignore your filings, petition for special action relief in the Arizona Court of Appeals (a writ of mandamus) to compel the trial court to act on your motions. 
 
By combining motions to quash, dismiss, and exonerate with a speedy-trial demand—and, if necessary, an appellate writ—you’ll force the court to either dismiss the charges or properly seat you for trial.

Q: How can I compel the court to dismiss charges for a 2019 arrest in Arizona due to violation of speedy trial rights and lack of communication?