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In Alabama, your speedy trial right is triggered by the issuance of a warrant for your arrest. If you claim that you where denied your right to a speedy trial, the court will use a balancing test to evaluate your claim. The court will weigh your conduct as well as the prosecution's conduct. Four factors are considered in determining whether there has been a denial of a speedy trial in Alabama: Length of the delay - Reason for the delay - Your assertion of the right - Prejudice to you (NOTE: there is no fixed length of time that is considered unreasonable) See link below.
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How long does a judge have to sentence someone in a speedy trial?
"Speedy" trial does not apply to the sentencing portion of the 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.
Get forms for a fast and speedy trial?
There are foms to waive speedy trial, but there are no forms necessary to request it. Speedy trial is understood to always exist because it is guaranteed in the Constitution.
In what year did Congress pass the federal Speedy Trial Act?
The law wasn't passed by Congress, it is contained in the 6th amendment to the US Contitution. Various states have various stautes that define 'Speedy Trial' but it may vary from state-to-state.
How long before a state trial must begin?
Their really isn't an exact standard. However, you must have a fair and speedy trial
How can a person file a petition for a speedy trial in the State of Georgia?
It's unnecessary to file a motion requesting a "speedy trial," that right is already guaranteed to you by the Constitution and is automatically applicable to all criminal court proceedings.
Which amendment deals with the right to a speedy trial?
The sixth amendment gives us the right to a speedy trial
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).
What if your attorney will not file speedy trial for you?
Chances are your attorney knows better than you, and your speedy trial time hasn't accumlated yet. Speedy Trial does not mean what you think it means, most likely.
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 kind of trial is everyone entitled to?
speedy trial
What are Arkansas rules on the right to a speedy trial for Arkansas I need the old rule was arround 2004 i think?
The State has one year to prosecute you from your arrest. There are many things that can "toll" speedy trial time, so be careful.
