Pretrial Rights

Question 1

What is the right to a speedy trial?

Answer 1

A violation of this right results in a complete dismissal with prejudice.

This right attaches once a D is accused.

The federal Speedy Trial Act of 1974 of 1974 requires federal indictment within 30 days of arrest and trial within 70 days of indictment.

The court judges violations of the right to a speedy trial by balancing:

1. the length of the delay;
2. the reason for the delay;
3. the D’s assertion of the right; and
4. the prejudice to the D.

Question 2

What are the rights during discovery stage?

Answer 2

The D must be informed of the charges against him.

At a minimum, states are required to grant the defense the same discovery rights given to the prosecution.

The prosecution has a limited right to compel compel the D to disclose:

1. Alibi defense, including the names and addresses of any alibi witnesses and any witnesses refuting the alibi.
2. If a defense witness has made a pretrial statement or report, there is some authority that the prosecution can require the D to disclose at the trial those portions of the statement or report relevant to the witnesses who may be used to establish an affirmative defense, such as insanity.