0
If the defense files a motion for continuance is it considered a waiver of the right to a speedy trial?
Wiki User
∙ 13y agoWant this question answered?
Be notified when an answer is posted
Add your answer:
Earn +20 pts
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.
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.
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.
What part of speech is speedy?
"Speedy" is an adjective, used to describe something or someone that moves or happens quickly.
How do you do a motion for a fast and speedy trial?
petition for a bond reduction in illinois
How many times can a DA continue a case and how long can they take before an indictment?
Until the statute of limitations runs out. This varies per crime and state.Further information: In order to be in compliance with provisions of "speedy trial," every continuance asked for by the DA MUST be agreed to by your defense attorney. If you want the trial to go forward talk to your lawyer.
How many days does the state have to bring you to trial?
Under "speedy trial" rules generally the prosecution must begin within 90 days of arrest. But this is subject to MANY things, not the least of which is the defense waiving the right to speedy trial in order for them to prepare more adequately for the trial process. Any requests for waiver of "speedy" whether requested by, or granted by, the defense extends the trial date by the amount of time agreed upon. Added: Many states require the defendant (or defense attorney) to file a formal speedy trial demand before such time constraints take effect.
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 many times can the Maryland court postpone before they have to drop the charges?
That is a question that you should be addressing to your legal counsel (public defender(?). To comply with the legal requirement of "speedy trial" both sides have to agree to a waiver of the "speedy trial" provisions before the judge will grant a continuance. OBVIOUSLY both your attorney and the prosecutor are AGREEING to postpone it.
Rights to a 60day speedy trial in ca after withdrawal of time waiver?
If you, or your attorney, have voluntarily waived "speedy trial" it can be postponed again by mutual agreement between the prosecutor and defense up to several times thereafter.
If the case has not gone to trial within 6 month after the motion for a fast and speedy trial can you file a motion to drop all charges?
Yes, you can - but first make sure that your defense attorney hasn't been agreeing to the delays, and maybe even asking for them. If both the prosecution and the defense attorneys are mutually agreeing to the delay in the trial, that is allowable under the law.- - - - - - - -very astute comment; that delay action could potentially be attorney malpractice if the attorney is complicit in covering up a willful constitutional violation by law enforcement- - - - - - - -Added: "Law enforcement" has nothing to do with it, they are no longer involved at this stage of the case. The decision to postpone and extend "speedy trial" is strictly an agreement between the defense counsel and the prosecutinor's office. Law enforcement plays no part in these administrative negotiations.
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.
