Speedy Trial

Question 1

Natural Speedy Trial

Answer 1

automatic upon request
- time limit depends on whether misdemeanor or felony

Question 2

Time Limit for Misdemeanor

Answer 2

90 days

Question 3

Time Limit for Felonies

Answer 3

175 days

Question 4

Time Limit for Misdemeanors attached to a Felony

Answer 4

175 days

Question 5

Speedy Trial WITH formal demand

Answer 5

60 days from day of demand
Occurs when:
- waived right to a speedy trial and now you want it back; OR
- you want to shorten 90/175 day

Requires you file pleading with specific title: Demand for a Speedy Trial

Once you file, a calendar call must be scheduled within 5 days of demand. At the calendar call, you schedule the trial to begin in 5 to 45 days from the call.

No limit as to how many times you can demand this

Question 6

Waiving Speedy Trial

Answer 6

Expressly: on the record you tell the judge
Implicitly: by the defendant delaying the case (continuance)

Question 7

Speedy Trial Violations

Answer 7

if prosecutor does not bring you to trial within required time frame:
- defense has to file Notice of Expiration of Speedy Trial (NOE)
- once filed, prosecutor gets “recapture window” = 15 extra days from when you file NOE to take def to trial
- if they don’t, defense has to file a Motion for Discharge (asks court to dismiss all charges for a speedy trial violation)