Washington Agreed Motion to Continue / Wavier of Speedy Trial is a type of legal motion filed in the state of Washington by a criminal defense attorney to waive the defendant’s right to a speedy trial. This motion is often filed when there is a need for more time to prepare a defense, as the defense attorney has determined that an earlier trial date would not be in the best interests of the defendant. The motion must be agreed upon by both the defense attorney and the prosecuting attorney. If both sides agree, the court must then approve the motion and grant the continuance. There are two types of Washington Agreed Motion to Continue / Wavier of Speedy Trial: an agreed-upon continuance and a stipulated continuance. An agreed-upon continuance is granted when the defense attorney and the prosecuting attorney agree to the continuance without the court's input. A stipulated continuance is granted when the court approves the motion and grants the continuance after hearing arguments from both sides.
Washington Agreed Motion to Continue / Wavier of Speedy Trial
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FAQ
(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
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.
Trial must commence within 70 days from the date the information or indictment was filed, or from the date the defendant appears before an officer of the court in which the charge is pending, whichever is later. 18 U.S.C. § 3161(c)(1).
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.
The U.S. Congress passed the Speedy Trial Act which set a time limit of 70 days from the filing date of the indictment unless waived. Many states have also passed their own legislation as to time limits for bringing a criminal matter to trial.
The Speedy Trial Act, in contrast, sets forth two clear time limits: an information or indictment must follow within 30 days of arrest, and a trial must begin within 70 days of indictment or arraignment.
(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.
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.