This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Fairfax Virginia Motion for a Speedy Trial
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State:
Multi-State
County:
Fairfax
Control #:
US-01900BG
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Word;
Rich Text
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How to fill out Motion For A Speedy Trial?
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FAQ
North Carolina does not have a speedy trial" statute, but constitutional protections apply and prohibit unwarranted delays in criminal prosecutions. Several other North Carolina statutes also set deadlines and limitations on the state when prosecuting particular types of criminal cases.
THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION PROVIDES THAT AN ACCUSED HAS A RIGHT TO A SPEEDY TRIAL. Under Virginia law, the right to a speedy trial means that incarcerated individuals have a right to a trial within five months of being indicted or five months after the preliminary hearing date.
It can easily take over two years from arrest to trial on felony cases and over six months on misdemeanor cases. North Carolina had a Speedy Trial statute requiring trial within 120 days but repealed it in 1989 after the District Attorneys complained that they were unable to comply with the statute.
The U.S. Supreme Court provided some guidance in laying out the factors to be considered when trying to determine whether the time to trial was speedy enough....What is a "Speedy" Trial? Length of delay; Reason for the delay; Defendant's assertion of his right; and. Prejudice to the defendant.
In general, the speedy trial guarantee means that the accused must be brought to trial or released within a reasonable amount of time. The government is not legally permitted to lock people up indefinitely without trying them.
Virginia's Speedy Trial Act establishes that courts have five months from the date of finding probable cause that a defendant has committed a felony to commence a trial if the defendant is being held in custody.
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.
18 U.S. Code § 3161 generally allows 30 days from the time someone is arrested or served with a summons for their arrest for the federal government to charge them with a crime and, if they plead not guilty, an additional 70 days beyond that or beyond the date the defendant has appeared before a judicial officer of the