Tennessee Waiver of Speedy Trial

State:
Tennessee
Control #:
TN-SKU-0216
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Waiver Of Speedy Trial

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FAQ

The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the alleged crime and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost.

In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel. Code 1858, § 4992 (deriv. Const.

There is no set time limit within which the trial must commence; rather, consideration must be given to the circumstances of each case.

While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.

Dismissal is the remedy for a speedy trial violation. If there is a lengthy delay before your case goes to trial, and the court determines that you have been denied your constitutional right to a speedy trial, then the court must dismiss (toss out) the charges against you.

Whether it's a good idea to waive time depends entirely on the circumstances of the case. It might be possible that the defense can force the prosecution to trial before the latter is ready?but that can be a risky strategy. Usually, it makes sense to take whatever time is necessary to fully prepare a defense.

SPEEDY TRIAL ACT OF 1974 - DEFINING THE SIXTH AMENDMENT RIGHT. THE SPEEDY TRIAL ACT OF 1974 MANDATES THAT, BY 1980, THE PERIOD OF DELAY IN ALL FEDERAL AND DISTRICT COURTS SHALL NOT EXCEED 100 DAYS, SUBJECT TO A VARIETY OF EXCLUDABLE PERIODS OF DELAY.

While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.

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Tennessee Waiver of Speedy Trial