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Montana Motion for a Speedy Trial
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FAQ
The Jordan framework provides a clear timeline with which to determine the unreasonableness of a delay. Under this framework, delay is presumed unreasonable after 18 months for cases tried in Provincial Court, or after 30 months for cases tried in superior courts, such as Queen's Bench in Alberta.
The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. 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.
In Montana,200 days must pass between the date the defendant becomes an accused and the date of the trial before a speedytrial analysis is conducted.
The provision is ?an important safeguard to prevent undue and oppressive incarceration prior to trial, to minimize anxiety and concern accompanying public accusation and to limit the possibility that long delay will impair the ability of an accused to defend himself.? 16 But on the other hand, ?there is a societal ...
(b) A defendant must be tried as soon as possible after entry of a plea other than guilty. On demand of any party after entry of such plea, the trial must start within 60 days unless the court finds good cause for a later trial date.
18 U.S. Code § 3161 generally allows 30 days from the time someone is arrested or served with a summons for their arrest for the federal government to charge them with a crime and, if they plead not guilty, an additional 70 days beyond that or beyond the date the defendant has appeared before a judicial officer of the ...