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IN THE (Name) COURT OF (Name) COUNTY, (Name of State)STATE OF (Name) vs.CAUSE NO. (Name of Defendant) MOTION FOR A SPEEDY TRIAL Comes now (Name of Defendant) by and through his/her attorney, and files.

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Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense or negotiate a plea to a lesser offense.

: a trial conducted according to prevailing rules and procedures that takes place without unreasonable or undue delay or within a statutory period. Note: The right to a speedy trial is guaranteed to criminal defendants by the Sixth Amendment to the U.S. Constitution.

While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.

The Supreme Court laid out several factors to determine whether the trial is speedy enough. Such factors include the length of the delay, the reason for the delay, and the defendant's assertion of their right to a speedy trial.

The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. ... A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.

The defendant can waive the right to a speedy trial (called a waiver or "waives time"). This means s/he agrees to have the trial after the 60-day period. Before the trial starts, the lawyers choose a jury. During the trial, witnesses may testify and the lawyers present evidence.

If the delay is determined to violate his/her right to a speedy trial, then the criminal charges must be dismissed. Speedy trial motions protect rights set forth in both the U.S. and the California Constitution.

Instead, a speedy trial means that the defendant has a right to be brought to trial within a reasonably short time after arrest. ... Also, the defendant has the right to be tried by a jury of their peers.

(a) The Standards on Speedy Trial and Timely Resolution of Criminal Cases have three main purposes: (1) to effectuate the right of the accused to a speedy trial; (2) to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and (3) to ensure ...

A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. ... In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232