Motion for a Speedy Trial
Definition and meaning
A Motion for a Speedy Trial is a legal request made by a defendant in a court case, asking the court to prioritize their case and set a trial date as soon as possible. This motion is grounded in the constitutional right to a timely trial, aimed at reducing the time a defendant must wait before their case is heard.
How to complete a form
To properly fill out a Motion for a Speedy Trial, follow these steps:
- Begin by filling in the court name and county at the top of the document.
- Provide the full name of the defendant and the case number.
- Clearly state your request for a speedy trial, emphasizing the reasons why it is necessary.
- Include your signature along with your attorney’s details, if applicable.
- Make copies for your records and for any parties involved in the case.
Who should use this form
This form is intended for defendants in criminal cases who feel that their constitutional right to a speedy trial has been violated or that undue delays are negatively impacting their case. It is suitable for anyone seeking to expedite legal proceedings in their favor.
Key components of the form
The Motion for a Speedy Trial typically includes the following sections:
- Case Information: Details about the specific court, county, and case number.
- Request Statement: A clear request for the court to set a trial date.
- Justification: A brief explanation of the reasons for the urgency.
- Signatory Information: The name and contact details of the defendant and attorney.
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FAQ
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.
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.
A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
Texas case law states that a delay of eight months or more from being accused until trial is sufficient to meet that threshold. Once eight months has elapsed, a reviewing court is forced to conduct the balancing test formulated in Barker.
The benefit is that your case is fast tracked. The prosecution has less time to investigate, locate witnesses, perform forensic tests, and otherwise prepare the case.