This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
North Carolina Motion for a Speedy Trial
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FAQ
An indictment by the grand jury allows a prosecutor to take felony criminal charges directly to trial. An indictment only requires a concurrence of at least 12 members of the grand jury. North Carolina General Statute 15A-623(a).
If the defendant is not tried within the prescribed time period, the charges against him or her must be dismissed with prejudice. G.S. 15A-761 (Article III). However, the trial court may grant continuances where reasonable or necessary, thereby extending the 180-day period.
An indictment is a formal accusation in a criminal case against someone suspected of committing a serious criminal offense. It's filed after the conclusion of a grand jury investigation, and formal charges follow.
What is a true bill of indictment? A True Bill of indictment is the same as a True Bill, it's handed down from a Grand Jury, stating there was enough probable cause against the defendant for the crime(s) that he or she may have committed and discloses them in writing.
First, if an indictment is not obtained within the first 90 days of a person being in custody or first 180 days of a person being on bond, the individual must be given a reasonable or personal recognizance bond.
Mizgala, 61 M.J. 122 (the Sixth Amendment to the United States Constitution contains the constitutional guarantee to a speedy trial; although the text of the amendment does not address waiver, courts have held that the Sixth Amendment right is waived by a voluntary guilty plea; this Court has consistently noted that ...
Wingo, 407 US 514; those four factors are: (1) the length of the delay, (2) the reasons for the delay, (3) the appellant's assertion of the right to timely review and appeal, and (4) prejudice; if this analysis leads it to conclude that the appellant has been denied the due process right to speedy post-trial review and ...
Insufficient evidence is the evidence which fails to meet the burden of proof and is inadequate to prove a fact.