Louisiana Motion for Speedy Trial
Understanding this form
The Motion for Speedy Trial is a legal document that allows a defendant in a criminal case to formally request that their trial occur within the time limits established by law. This motion is rooted in the constitutional right to a speedy trial, ensuring that defendants do not face unnecessary delays in their legal proceedings. Differing from other types of motions, this form specifically cites Louisiana's legal framework, particularly Article 701 of the Louisiana Code of Criminal Procedure.
What’s included in this form
- Defendant's Identification: Names the defendant requesting the motion.
- Legal Basis: References the constitutional right and applicable Louisiana statutes.
- Order Request: Specifies the request for a speedy trial in accordance with legal time limitations.
- Signature Section: Includes space for the defendant's attorney to sign and date the document.
- Certificate of Service: Confirms that the motion has been served to the relevant district attorney's office.
When to use this form
This form should be used when a defendant wishes to expedite their criminal trial process. It is appropriate in situations where the defendant believes that delays could infringe upon their right to a speedy trial, such as when they have been charged with a crime and need to ensure that legal proceedings commence promptly. Utilizing this form can be crucial in cases where the defendant is in custody or facing serious charges.
Who this form is for
- Defendants in criminal cases seeking a quicker resolution to their trial.
- Legal representatives or attorneys acting on behalf of a defendant.
- Individuals who have been charged with a crime and are aware of their right to a speedy trial.
Steps to complete this form
- Fill in the defendant's name and details regarding the criminal case.
- Reference the appropriate legal articles supporting the request for a speedy trial.
- Ensure the motion is signed by the defendantâs attorney.
- Complete the order section, which the judge will sign after approval.
- Submit the Certificate of Service to confirm that the motion has been delivered to the district attorney's office.
Is notarization required?
Notarization is not commonly needed for this form. However, certain documents or local rules may make it necessary. Our notarization service, powered by Notarize, allows you to finalize it securely online anytime, day or night.
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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 the defendantâs correct name and case details.
- Not citing the applicable legal statutes accurately.
- Omitting the signature of an attorney if the defendant is represented.
- Forgetting to serve the motion to the district attorneyâs office as required.
Advantages of online completion
- Convenience of downloading and completing the form at any time.
- Editability allows users to tailor the form to their specific case.
- Reliability, as the forms are drafted by licensed attorneys familiar with Louisiana law.
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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.
