Motion for a Speedy Trial
About this form
The Motion for a Speedy Trial is a legal document filed by a defendant requesting that their trial be scheduled as soon as possible. This form serves to protect the defendant's constitutional right to a timely trial and is used in situations where the case has not yet been set for hearing. Unlike other motions, this specific form emphasizes the urgency of proceeding to trial without undue delay.
Key parts of this document
- Defendant's name and details: Proper identification of the defendant.
- Case information: Includes the cause number and names involved in the case.
- The motion statement: A request asking the court to set a trial date urgently.
- Notice of motion: Information regarding when and where the motion will be heard.
- Certificate of service: Confirmation that the motion has been served to the state's counsel.
Situations where this form applies
This form should be used when a defendant believes that their right to a fast trial is being denied. It is typically needed when there is a lack of scheduling for their trial, and the defendant is seeking to expedite the process, especially if they are in custody or suffering undue hardship due to prolonged legal proceedings.
Intended users of this form
- Defendants in a criminal case who want to accelerate their trial date.
- Individuals who believe their right to a speedy trial is being violated.
- Attorneys representing defendants in jurisdictions where this motion is applicable.
Steps to complete this form
- Fill in the names of the parties involved in the case.
- Enter the case number and specify the court information.
- State the reason for requesting a speedy trial clearly.
- Include the date and time for the motion hearing in the notice section.
- Provide your attorney's contact information where applicable.
Is notarization required?
Notarization is generally not required for this form. However, certain states or situations might demand it. You can complete notarization online through US Legal Forms, powered by Notarize, using a verified video call available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to include all necessary case details, such as the cause number.
- Not specifying the urgency of the trial request adequately.
- Missing the deadline for filing the motion with the court.
- Neglecting to serve the motion to the appropriate parties.
Benefits of using this form online
- Convenient access to draft and edit the form anytime.
- Instant download allows for immediate use and submission.
- Templates are drafted by licensed attorneys, ensuring reliability.
What to keep in mind
- The Motion for a Speedy Trial is crucial for defendants seeking prompt court proceedings.
- Completing this form accurately ensures that the request is valid and processed efficiently.
- Always check state-specific rules to ensure that the form meets legal requirements.
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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.
