Washington Waiver of Speedy Trial — Chief Judge Rice is a process whereby a defendant in a criminal case can waive their right to a speedy trial in order to allow more time for the defense to prepare for trial. This waiver is based on the Washington State Supreme Court’s decision in Rice v. State, which stated that a defendant has a constitutional right to a speedy trial in Washington State. The waiver is valid when a defendant voluntarily and knowingly waives their right to a speedy trial in writing, and it is signed by both the defendant and the court. There are two types of Waiver of Speedy Trial — Chief Judge Rice: 1) the General Waiver of Speedy Trial — Chief Judge Rice, which applies to all criminal cases in Washington State; and 2) the Enhanced Waiver of Speedy Trial — Chief Judge Rice, which applies to certain types of criminal cases, including Felony Assault, Burglary, Robbery, and Kidnapping.
Washington Waiver of Speedy Trial - Chief Judge Rice
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If a risk of flight, interference or danger is believed to exist, the person may be ordered detained without bail.
(1) Responsibility of Court. It shall be the responsibility of the court to ensure a trial in ance with this rule to each person charged with a crime. (2) Precedence Over Civil Cases. Criminal trials shall take precedence over civil trials.
General Rule 34 says the court must not charge a filing fee or other mandatory fees to people who are indigent and who apply for a waiver. The court will find you indigent if any of these is true: You get certain public benefits (TANF, HEN, SSI, Food Stamps, or federal poverty-related veteran's benefits)
Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.
Whether it's a good idea to waive time depends entirely on the circumstances of the case. It might be possible that the defense can force the prosecution to trial before the latter is ready?but that can be a risky strategy. Usually, it makes sense to take whatever time is necessary to fully prepare a defense.
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. The federal Speedy Trial Act provides some instruction for federal cases.
A defendant held in custody on a DUI in Washington State has the right to have his or her case heard before a jury within 60 days from the date of arraignment. A defendant out of custody has 90 days. The Court is responsible for the applicability of the rule.