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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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How to fill out the Motion Requesting Speedy Trial online

Filing a motion requesting a speedy trial is an important step in ensuring a timely resolution to your legal matter. This guide will help you navigate the process of completing this motion online, providing clear and supportive instructions for each section of the form.

Follow the steps to complete your Motion Requesting Speedy Trial online

  1. Press the ‘Get Form’ button to obtain the Motion Requesting Speedy Trial form. Once you click this button, the form will open in an editable format, ready for you to fill out.
  2. Begin filling out the top portion of the form by entering the name of the court, county, and state in the designated fields. This information is essential as it identifies where your motion will be filed.
  3. In the space provided, enter the name of the state followed by the names of the parties involved in the case, ensuring accuracy for proper identification of all parties.
  4. Enter the cause number associated with your case. This number helps in tracking the case through the court system.
  5. In the next section, complete your name as the defendant. It’s important to ensure that this matches the information on file with the court.
  6. Include the date of the motion’s filing, which is usually the same as the date you are completing the form. This helps provide a timeline in the court record.
  7. Next, provide the name of your attorney, if applicable, and their state bar number. This identifies who is representing you in legal matters.
  8. Complete the notice of motion section, including the date and time when you will present this motion in court, as well as the specific courtroom details.
  9. Finally, review the certificate of service section and fill in your attorney's name and address. This certifies that all parties have been properly notified of the motion.
  10. Once you have completed all required fields and reviewed your entries for accuracy, you can save the changes, download the completed form, print it, or share it as needed.

Take action now and complete your Motion Requesting Speedy Trial online to ensure your rights are protected.

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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.

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.

: 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.

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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