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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.
No. The right to a 'speedy trial' only exists for your initial trial. There are no such 'rights' attached to subsequent appeals and judicial porcesses.
"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).
Once the charges have been brought, a statute of limitations no longer applies. The speedy trial aspect of things is open to interpretation.
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.
The constitution guarantees a speedy and public trial but this is not an absolute. Events outside the court's control like natural disasters, security concerns or the unavailability of a witness may limit the right to a speedy and public trial.
The matter of speedy trial should have been addressed at either your preliminary hearing or your bail hearing. When so-called "speedy" trial is requested, the trial should normally begin within a 90 day timeframe.
The timeframe depends on what state you reside in. In most cases it can range from 90 to about 120 days. If your attorney has waived "speedy trial" it can be even longer. If you are represented by an attorney ask them.
In the Montana state court system, there are 56 District Courts (one in each county of the state). These District Courts are divided into 22 judicial districts and counties within a district may share judges and other resources. District courts are the trial courts of general jurisdiction in Montana. Lesser offenses and smaller civil cases may be heard in Justice of the Peace Courts, City Courts, or Municipal Courts. For more information on the Montana state court trial system, with the Montana Court Directory related link.
It should be 50 days between the arrest and the beginning of a trial.
Gideon v. Wainwright (1963)
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.