0
DOES Constitutional right to a fast and speedy trial also apply when INCARCERATED FOR A PROBATION VIOLATION?
Wiki User
∙ 16y ago
No.
Wiki User
∙ 16y ago
Add your answer:
Earn +20 pts
What constitutional amendment guarantees you cannot be incarcerated without a court proceeding?
The 6th gives you the right to a speedy trial, a lawyer, and the right to confont your witness.
What is the penalty faced by the government if it fails to comply with the speedy trial rules?
You can bring a suit against it for a violation of your Constitutional rights.
Upon an arrest for DUI the accused refuses to sign a promise to appear and requests to be taken into custody but is told the jail is overcrowded and released is this a speedy trial violation?
No, it is only a "speedy trial" violation if you are taken into custody.
Is the right to a speedy trial constitutional?
Yes, the Sixth Amendment requires that someone charged with a crime must be given a fair and speedy trial.
Speedy trial apply to traffic citations in Florida?
The right to a speedy trial for a traffic violation is a right in the state of Florida. For a traffic citation in Florida, the case will be heard in approximately 90 days.
Is the right to a speedy trial ONLY for criminal cases?
Yes, it is guaranteed by the Constitution to ensure that criminal defendants are not incarcerated for lengthy times awaiting court action.
Is not being extradited a violation of speedy trial rights?
No. If you are being held by another jurisdiction for something else they do not have to rush there to extradite you.
Can a judge decline a speedy trial request if the accused has a parole Holt?
The Sixth Amendment grants the right to a speedy trial, meaning that the state can't delay commencement of a trial indefinitely, especially if the defendant is being held in jail while awaiting trial. If the defendant is already on parole, has violated that parole, and is being held in custody, then there is no speedy trial violation because the defendant would be in custody, anyway. Under those circumstances, a judge could deny a dismissal motion based on a speedy trial violation.
What is the law regarding a speedy trial for a traffic violation in Arkansas?
Approximately 90 days from the arraignment. . . unless, you or your attorney agree to a continuance.
What are the key constitutional guarantees of a fair trial?
Due process Speedy and public are the key constitutional guarantees of a fair trial. The United States Constitution was ratified on June 21, 1788.
Where is a speedy trial held?
"Speedy Trial" is a law enforcement/court slang phrase referring to the constitutional guarantee right of a speedy trial and refers to the 90 day period from indictment or charge to the start of the actual trial. The right to a "speedy" trial may be waived by defense counsel (usually requested in order to prepare for the trial presentation).
How do i write for A speedy trial?
Create a pleading with the caption of the case and case number, (as in most legal pleadings) and title it, "Defendant's Request for a Speedy Trial." Cite the statute number or constitutional authority, etc. that guarantees your rights to a speedy trial. Be sure to sign it, file it with the court, and send a copy to the prosecutor.
