Setting Cases for Trial Flashcards
May an accused be tried in the same trial term after an indictment is found?
Yes.
What is the rule regarding trial commencement?
Trial must commense within the time limits of the speedy trial statute.
What does Virginia’s speedy trial statute hold?
An accued is forever discharged from proseution if: 1. he is in custody and no trial is commenced within five months of the preliminary hearing, or 2. he is not in custody and no trial has commenced within nine months of the preliminary hearing.
For purposes of the speedy trial statute, when is a trial deemed to have commenced?
When jeopardy attaches or when a plea of guilty or nolo contendere 1s entered.
When does the speedy trial time period begin if there is no preliminary hearing/prelim. hearing is waived?
If there is no preliminary hearing or if the accused waived preliminary hearing, the commencement of the runmng of the periods of time is the date an indictment or presentment is found.
When does the speedy trial time period begin if there is no indictment or presentment?
the periods commence from the date of arrest.
If there is a preliminary hearing, when does the time period requirement begin?
When PC is found by the general district court judge.
What events trigger a tolling of the speedy trial time period?
Defendants insanity, defendant’s escape from jail or failure to appear, illness or forced ansence of a Commonwealth witness, granting of seperate trials to joint felons, hung jury, natural disaster or intervening act of god, granting of a continuance upon a motion of the accused or by his concurrence in such a motion by the commonwealth.
Time during pendency in any appeal in appellate court (is/is not) included in the calculus of the speedy trial period.
Is not.
Who has the burden of proving whether or not a delay was excusable?
The prosecution has BoP to prove delay was excusable.
Can the speedy trial statute be waived?
Yes, failure to invoke the speedy trial statute before trial is a waiver.
The United States Constitution Speedy Trial Clause is not violated by…
a delay between dismissal of charges and reindictment for the same offense. This applies even if the accused does not know of the charges against him and is not restrained.
What is an accused jury trial rights?
The accused has a right to a jury trial in a court of record whether the offense is a misdemeanor or felony.
How do non-jury trials occur?
The consent and concurrence of the accused not to have a jury must be entered specifically in the record and thereafter the judge will determine guilt and set the sentence. The court will hear and determine the case without a jury where a plea of guilty is entered.
