The Washington Scheduling Order-Amended Scheduling Order-Waiver of Speedy Trial is a document used in Washington state criminal proceedings that outlines deadlines for defense and prosecution to complete certain tasks during the course of the trial. The Washington Scheduling Order is the first document in the process, and it is issued by the court after the criminal complaint has been filed. It sets forth the deadlines for both sides to make certain filings related to the case, such as motions to dismiss, motions for discovery, and motions for summary judgment. The Amended Scheduling Order is issued when the court needs to change the deadlines set forth in the initial Scheduling Order. The Waiver of Speedy Trial is a document that waives the defendant's right to a speedy trial. This document allows the defense and prosecution to extend the time limit for completing certain tasks, such as discovery and motions, without the defendant waiving his or her right to a speedy trial.
Washington Scheduling Order-Amended Scheduling Order-Waiver of Speedy Trial
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FAQ
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.
Wingo's four factors: length of delay, reason for delay, defendant's assertion of his right, and prejudice to the defendant. Other courts have used United States v.
(an appellate court weighs the following four factors to determine if there is a Sixth Amendment speedy trial violation: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's demand for a speedy trial; and (4) the prejudice to the accused).
1992Delays Due To Negligence Can Violate Speedy Trial Right United States , the U.S. Supreme Court rules that an 8½-year delay between the government's indictment of a defendant and the defendant's arrest violates the defendant's Sixth Amendment right to a speedy trial.
One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
The test requires the court to consider the length of the delay, the cause of the delay, the defendant's assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay. Barker, 407 U.S. at 530-533. In United States v.
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.
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.