Louisiana Motion for Speedy Trial
About this form
The Motion for Speedy Trial is a legal document used in criminal cases to request that the trial be conducted within a specific timeframe. This form ensures that a defendant's constitutional right to a speedy trial, as outlined in the U.S. Constitution and the Louisiana Code of Criminal Procedure, is upheld. This form is particularly important as it triggers time limitations, distinguishing it from general court motions that may not focus on a defendant's right to timely proceedings.
Key parts of this document
- Title and case details: Indicates the court, parish, and docket number.
- Defendant's request: Clearly states the defendant's desire for a speedy trial.
- Citations: References the constitutional rights and specific legal articles.
- Order section: Designed for the judge's confirmation of the motion and instructions to comply with the cited legal standards.
- Certificate of service: Confirms that notice of the motion has been delivered to the district attorney's office.
Common use cases
This form should be used when a defendant in a criminal case wishes to expedite their trial proceedings. It is applicable in situations where delays could affect the defendant's rights or when they seek to lessen the anxiety associated with prolonged legal uncertainties. Utilizing this form helps ensure that legal proceedings adhere to stipulated timeframes, thereby promoting fairness in the judicial process.
Who this form is for
This form is intended for:
- Defendants involved in criminal cases in Louisiana.
- Individuals seeking to assert their right to a timely trial.
- Legal representatives or attorneys acting on behalf of defendants.
How to prepare this document
- Enter the heading with the court details, including parish and docket number.
- Fill in the defendant's name and indicate legal representation where applicable.
- State the request for a speedy trial, including relevant constitutional references.
- Leave space for the judge's order and signature to validate the motion.
- Complete the certificate of service to confirm delivery to the district attorney's office.
Notarization guidance
This form usually doesn’t need to be notarized. However, local laws or specific transactions may require it. Our online notarization service, powered by Notarize, lets you complete it remotely through a secure video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Typical mistakes to avoid
- Failing to include all required details in the heading section.
- Omitting the specific legal articles and constitutional rights being invoked.
- Not properly filling out the judge's order section.
- Neglecting to complete the certificate of service accurately.
Why use this form online
- Convenient access and download from any location.
- Editability allows for customization to suit specific case needs.
- Reliability ensures that the forms are up-to-date and compliant with legal standards.
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FAQ
While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.
The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.
In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest,
A good example of when a person might request a speedy trial is when he is in jail awaiting trial.For instance, when a defendant asserts his right to a speedy trial and then flees the jurisdiction, the timeframe for holding the defendant's trial is stayed until the defendant returns.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be
An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.
A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested.In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.
(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.
