This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Riverside
State:
Multi-State
Category:
County:
Riverside
Control #:
US-000291
Format:
Word;
Rich Text
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FAQ
Dismissal is the only remedy for denial of a defendant's Sixth Amendment speedy trial right. Strunk v. United States, 412 U.S. 434, 439-40 (1973); the sole remedy for a violation of the speedy trial right is dismissal of the charges." Betterman v. Montana, 136 S.
SB 453, as introduced, Seyarto. Criminal procedure: speedy trial. Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified.
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.
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.
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.
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;
One exception to the defendant's right to a speedy trial occurs when the suspect requests delays, thereby waiving that right. Additionally, unforeseen circumstances, such as natural disasters affecting court proceedings, can also contribute to delays.
For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
A speedy trial motion can be benefetial because it limits the time for the prosecution to build a case against someone by gathering evidence, but the prosecution usually files a motion for more time. It also doesn't keep someone that can't make bond in jail waiting till the prosecution builds their case.