Speedy Trial Without Demand In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-000291
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Description

This is a multi-state form covering the subject matter of the title.

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FAQ

The decline of evidence, such as physical evidence, may be lost or destroyed over time; To protect your ability to defend yourself; To minimize anxiety waiting to resolve your case.

Rule 8.2 - Time Limits (a)Generally. Subject to Rule 8.4, the court must try every defendant against whom an indictment, information, or complaint is filed within the following times: (1)Defendants in Custody. No later than 150 days after arraignment if the defendant is in custody, except as provided in (a)(3).

Answer: One reason that does NOT guarantee a defendant receives a speedy trial is the passage of time between arrest and trial can be used by investigators with the district attorney's office to continue identifying additional witnesses and strengthen their case against the accused.

(an appellate court weighs the following four factors to determine if there is a Sixth Amendment speedy trial violation: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's demand for a speedy trial; and (4) the prejudice to the accused).

The most common reason for waiving speedy trial is to give the defense more time to prepare their case. If a defendant is facing serious time if convicted, taking the time to let your attorney be prepared as possible can very well be worth a couple of more months in jail.

Note that there are exceptions that allow a trial to take place after the time periods set forth in this statute. For example, a trial may get lawfully postponed if: you consent to or request a later date, or. there is a “showing of good cause.”

(a) violate or attempt to violate the Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another; (b) commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness or fitness as a lawyer in other respects; (c) engage in conduct involving ...

SPEEDY TRIAL ISSUES Delays in law enforcement disclosures of evidence to prosecutors lead to delays in disclosure to the defense and the need for continuances; Backlogs in state laboratories delay completion of key forensic testing;

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Speedy Trial Without Demand In Maricopa