As of October 2023, all 50 states in the U.S. have some form of speedy trial statute, which is designed to guarantee defendants the right to a timely trial. These statutes vary significantly in their specific provisions, including time limits and conditions under which a trial must be held. Additionally, the federal system also includes a speedy trial provision under the Speedy Trial Act of 1974.
The State has one year to prosecute you from your arrest. There are many things that can "toll" speedy trial time, so be careful.
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.
Under "speedy trial" rulings only 90 days can elapse between arraignment and trial. HOWEVER - if the postponements have all been agreed to by the defense, or the court has ruled that the prosecutions reasons for postponement are valid, there is no governing statute.
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.
Due to the "speedy trial" rulings only 90 days can elapse between arraignment and trial. HOWEVER - if the postponements have all been agreed to by the defense, or the court has ruled that the prosecutions reasons for postponement are valid, there is no governing statute.
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.
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.
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This is by state - you will have to check your individual state laws to determine the statute covering this and the limit.
As of my last knowledge update in October 2023, several states have laws that require cases to be dismissed if a defendant does not receive a speedy trial, typically within a specified timeframe. The exact number can vary, but generally, around 20 states have statutory provisions that allow for dismissal due to a violation of the right to a speedy trial. However, the specifics can differ widely based on the state's laws and the circumstances of each case. Always check the most current legal resources or consult a legal professional for the most accurate information.
(in the US) The defendant is protected by the Constitutional provision of right to a speedy trial, and their case will usually be presented before the end of 90 days. HOWEVER - this timeframe is flexible and if either the defense or the prosecution asks for the waiver of "speedy trial" it is customarily granted.