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A "speedy trial" has very little to do with the duration of a criminal proceeding in the presence of a judge and jury. It refers to the timeliness of the State's disposition of the criminal matter after it has identified an Accused and asserted its power over the Accused.
It is easer to understand by example: the State's prosecution arm, the District Attorney, obtains an indictment; the Accused is arraigned, that is, he goes before the Court to be formally informed of the criminal charges, and the if Accused promptly goes into the adjudication process: a crinimal trial before a judge and jury, and he is subjected to the risk of a determination that he has violated some law, it can be considered "speedy". On the other hand, if the District Attorney, or the State's prosecution arm, just does nothing, after a while, the unnecessary or protracted delay becomes a violation of the rights of a person to just get on with life without the risk of having it disrupted at any time at the whimsy of the State.
More or less, a speedy trial refers not so much to how long it takes in the courtroom but how long the process takes getting to the court room without life disrupting delays at the whimsy of the State.
Historically, the concept arrises from American colonists' experience with the Star Chamber; no longer in existence in England, the Star Chamber a prosecution arm of the government, could arrest a person, put them in chains, ship them back to England, never bother to let them know what they were accused of, and when the Star Chamber got around to it, have a more or less trial.
In the broadest sense, the concept of the speedy trial is a limitation restricting the government from the arbitrary exercise of power over the person.
Wiki User
∙ 12y ago
Wiki User
∙ 15y ago'Speedy trial' does not refer to the amount of time the trial itself takes, it refers to the amount of time it takes for the defendant to be brought to trial. See: http://en.wikipedia.org/wiki/Speedy_trial
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What is the time frame for a speedy trial in FL?
90 days, unless waived by the defendant or his attorney.
Speedy trial apply to traffic citations in Florida?
The right to a speedy trial for a traffic violation is a right in the state of Florida. For a traffic citation in Florida, the case will be heard in approximately 90 days.
How many days after the court receives the letter for a speedy trial what is the time limit?
The matter of speedy trial should have been addressed at either your preliminary hearing or your bail hearing. When so-called "speedy" trial is requested, the trial should normally begin within a 90 day timeframe.
How many days does the state have to bring you to trial?
Under "speedy trial" rules generally the prosecution must begin within 90 days of arrest. But this is subject to MANY things, not the least of which is the defense waiving the right to speedy trial in order for them to prepare more adequately for the trial process. Any requests for waiver of "speedy" whether requested by, or granted by, the defense extends the trial date by the amount of time agreed upon. Added: Many states require the defendant (or defense attorney) to file a formal speedy trial demand before such time constraints take effect.
What is the law regarding a speedy trial for a traffic violation in Arkansas?
Approximately 90 days from the arraignment. . . unless, you or your attorney agree to a continuance.
How long can someone charged with murder in the state of Pennsylvania be held before trial starts?
Speedy trial regulations usually require that the trial begin within 90 days of the arraignment. HOWEVER- it is not uncommon for either the defense and/or the prosecution to request, and receive, a "waiver of speedy trial" in order to prepare their case.
Where is a speedy trial held?
"Speedy Trial" is a law enforcement/court slang phrase referring to the constitutional guarantee right of a speedy trial and refers to the 90 day period from indictment or charge to the start of the actual trial. The right to a "speedy" trial may be waived by defense counsel (usually requested in order to prepare for the trial presentation).
How many days a government keeps the culprit in jail if no bail is granted?
(in the US) The defendant is protected by the Constitutional provision of right to a speedy trial, and their case will usually be presented before the end of 90 days. HOWEVER - this timeframe is flexible and if either the defense or the prosecution asks for the waiver of "speedy trial" it is customarily granted.
After a motion is filed for fast and speedy trial and a date is given and that date is also postponed After 18 months how much longer does the court have to take the individual to trial?
It can depend entirely on what the defendant/defense attorney agreed to. Constitutional case law sets the "speedy" trial date at 90 days after indictment. However upon agreement between the defense, the prosecution, and the court, the date can be extended to whatever the defense has agreed to.
When you go to jail how long until you get a court date?
The timeframe depends on what state you reside in. In most cases it can range from 90 to about 120 days. If your attorney has waived "speedy trial" it can be even longer. If you are represented by an attorney ask them.
How long you have to wait for court date after posting bond?
The answer relates to the "Speedy Trial" rules and usually is 90 days or less, unless an extension to that time is granted, or acquiesced to, by your defense attorney.
Right to a speedy trial in Colorado for speeding tickets after pleading not guilty?
As a GENERAL rule the right to "speedy trial" runs within a 90 day time period. If the right to "speedy" was waived, it can run longer than that timeframe by mutual agreement between you (or your attorney) and the prosecutor.
