Want this question answered?
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.
Speedy trial regulations usually require that the trial begin within 90 days of the arraignment. HOWEVER- it is not uncommon for either the defense and/or the prosecution to request, and receive, a "waiver of speedy trial" in order to prepare their case.
In this case the the trial should come for hearing within six months.
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.
You will have to contact either your attorney or the prosecutor and request the delay. A preliminary hearing is part of the "speedy trial" process guaranteed by the Constitution and you will have to have very good reason for postponing it, or be asked to sign a "Waiver of 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.
"Speedy" trial does not apply to the sentencing portion of the trial.
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.
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.
Their really isn't an exact standard. However, you must have a fair and speedy trial
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.
The sixth amendment gives us the right to a speedy trial