When does time start for speedy trial when I was mailed a ticket more than 2 months after the date on the ticket?

Answer 1

The right to a speedy and public trial comes from the 6th Amendment to the US Constitution. The text is as follows: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence." In the case Barker vs. Wingo, the US Supreme Court laid down an ad-hoc test to see if a citizen's right to a speedy trial was violated. 1. Length of delay: If the trial is delayed a year or more from the date of arrest or indictment, whatever happened first. I must note that the court hasn't specifically ruled that there is any specific time limit. 2. Reason for delay: Prosecution cannot delay the trial excessively for their advantage, but it can be delayed to locate an absent witness etc. 3. Time/manner in which the accused has asserted his right: If the accused acquiesces to the delay when it works to his own benefit he cannot later claim that it has been unduly delayed. 4. Degree of prejudice to the defendant which the delay has caused. ADDED: The information given in the above response is all true and correct, to the best of my knowledge - HOWEVER - it is not responsive to the question. In the the instance cited by the questioner - his right to a speedy trial doesn't begin unless, and until, he first appears in court to contest the ticket. THAT'S when his "speedy" begins.