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Iowa Motion for a Speedy Trial
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Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; 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.
You can demand a trial within 60 days of your arrest by filing a "Demand for Speedy Trial." Once you file your demand, no later than 5 days later, the court must place the case on the calendar and will set the trial date to begin no less than 5 days or more than 45 days from that date.
Under Iowa Rule of Criminal Procedure 2.33(2)(c): ?All criminal cases must be brought to trial within one year after the defendant's initial arraignment pursuant to rule 2.8 unless an extension is granted by the court, upon a showing of good cause.? A ninety-day timeframe established under rule 2.33(2)(b).
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 violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.
(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
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.
(under the Sixth Amendment speedy trial test, there are three similar interests relevant to the prejudice analysis: (1) prevention of oppressive incarceration pending appeal; (2) minimization of anxiety and concern of those convicted awaiting the outcome of their appeals; and (3) limitation of the possibility that a ...