This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Virginia
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Multi-State
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US-000291
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FAQ
(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.
If the court finds probable cause that an individual has committed a felony and is in custody until their trial, the trial must be conducted within five months of probable cause being established. If the person isn't in jail awaiting trial, the trial must be held within nine months of the probable cause hearing.
The pros of filing a speedy trial demand are the case will be dismissed if the case is not tried in a timely manner. Another benefit is the prosecution does not have as much time to prepare for trial, locate witnesses, and gather evidence.
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.”
The Risks of a Speedy Trial in California In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible. Reasons a defendant may want their trial delayed are: To have time to find witnesses. To have time to gather evidence.
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.
Opting for a speedy trial can backfire if it means your defense team has insufficient time to build a strong case. Important defense tactics, such as gathering evidence, consulting with experts, or negotiating plea deals, cannot be rushed.
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.