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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.
The constitution guarantees you the right to what type of trial?
by your peers and fast and speedy
DOES Constitutional right to a fast and speedy trial also apply when INCARCERATED FOR A PROBATION VIOLATION?
No.
After winning a suppression hearing can you file a motion for speedy trial if the prosecution has adjourned the case four times after the suppression was granted?
I would file a motion to dismiss the case. If the prosecution has deprived the accused of his right to a speedy trial, the charges must be dismissed. Four continuances by the prosecution seems like too many to ensure the accused a speedy trial. I suggest you talk with a criminal defense attorney ASAP (if you are not already represented) , as you will need a good lawyer on your side to get the charges dropped or a 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.
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.
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.
After a motion is filed for fast and speedy trial and a date is given and that date is also postponed After 18 months how much longer does the court have to take the individual to trial?
It can depend entirely on what the defendant/defense attorney agreed to. Constitutional case law sets the "speedy" trial date at 90 days after indictment. However upon agreement between the defense, the prosecution, and the court, the date can be extended to whatever the defense has agreed to.
How much time is involved in a fast and speedy trial?
I've never heard of anybody in their right mind and with a halfway competant set of facts want a fast trial; on the other hand, a speedy trial is a totally diffierent matter. The amount of time? I just cant see that as a relevent question. (Criminal of course, civil is another matter.)
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.
