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Massachusetts 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.
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.
Wingo , the U.S. Supreme Court concludes there is no set amount of time for a trial to qualify as ?speedy.? Instead, the court rules that a number of factors must be used to decide whether the Sixth Amendment right was violated: (1) length of the delay, (2) reason for the delay, (3) the defendant's request for the ...
Any person who is detained within the Commonwealth upon the unexecuted portion of a sentence imposed pursuant to a criminal proceeding is entitled to be tried upon any untried indictment or complaint pending against him in any court in this Commonwealth within the time prescribed by subdivision (b) of this rule.
Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.? The fact of delay triggers an inquiry and is dependent on the circumstances of the case. Reasons for delay will vary.
Many states have also passed legislation about time limits to bring a criminal matter to trial. In California, for instance, the law dictates that a person charged with a felony shall be brought to trial within 60 days of arraignment. The time frame is 30 days for a misdemeanor charge if the defendant is in custody.
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 ...
The Speedy Trial Act, in contrast, sets forth two clear time limits: an information or indictment must follow within 30 days of arrest, and a trial must begin within 70 days of indictment or arraignment.