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Georgia Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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FAQ
The United States Constitution does not precisely define what a speedy trial is. Unsurprisingly, much litigation and legislation has helped to determine time limits for a speedy trial. The U.S. Supreme Court has laid out factors to consider when deciding whether the time to trial was speedy enough.
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.
One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you.
Tippit, 65 M.J. 69 (the Sixth Amendment to the Constitution provides that the accused in a criminal prosecution shall enjoy the right to a speedy trial; a four-part test has been established for assessing whether a delay amounts to a Sixth Amendment constitutional violation, requiring a balancing of the length of the ...
A defendant cannot be forced to give up or ?waive? the right to a speedy trial. However, it may be in your (or your loved one's) best interest to do so if your attorney cannot locate a crucial witness or needs more time to complete a complex investigation or otherwise develop your defense.
Criminal defendants in Georgia can request that their trial begin in the weeks after they are indicted, as long as jurors are available to hear the case. That timeframe is dictated by the "terms" during which each state court hears cases, and in Fulton County, the term begins on the first Monday of every other month.
There are many benefits to having a speedy trial: Witnesses are more likely to still be available and to remember their experiences more clearly. Wrongly accused individuals are able to move on with their lives. Oftentimes the accused is jailed while awaiting trial, and a speedy trial can reduce the time behind bars.
