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Missouri Motion for a Speedy Trial
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FAQ
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.
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 laws reflect a law on the books approach to problem solving. Although there laws have the advantage of calling attention to delay as a problem, they are limited because they provide no mechanisms to deal with discretion. The right to a speedy trial is relative, not absolute.
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 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.
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.
This means that a defendant has the right to be brought to trial quickly and without delay. The purpose of this right is to prevent the accused from being held in jail for extended periods without a trial. This right also helps to ensure that evidence remains fresh and witnesses are available to testify.
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 ...
