Washington Waiver of Speedy Trial is a legal procedure in which a defendant in a criminal case agrees to waive their right to a speedy trial and opts to have the case tried at a later date. It is used to allow both the defense and the prosecution to prepare adequately for the trial. There are two types of Washington Waiver of Speedy Trial: voluntary and involuntary. A voluntary waiver occurs when the defendant signs a written waiver form, expressly waiving their right to a speedy trial. An involuntary waiver occurs when the defendant does not appear in court on the trial date, or when the prosecution and the court mutually agree to postpone the trial. In either case, the defendant must be informed of the consequences of waiving their right to a speedy trial.
Washington Waiver of Speedy Trial
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FAQ
While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.
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.
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.
The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the alleged crime and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost.
SPEEDY TRIAL ACT OF 1974 - DEFINING THE SIXTH AMENDMENT RIGHT. THE SPEEDY TRIAL ACT OF 1974 MANDATES THAT, BY 1980, THE PERIOD OF DELAY IN ALL FEDERAL AND DISTRICT COURTS SHALL NOT EXCEED 100 DAYS, SUBJECT TO A VARIETY OF EXCLUDABLE PERIODS OF DELAY.
While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.
Dismissal is the remedy for a speedy trial violation. If there is a lengthy delay before your case goes to trial, and the court determines that you have been denied your constitutional right to a speedy trial, then the court must dismiss (toss out) the charges against you.
(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.