Speedy Trial Flashcards
Natural Speedy Trial
automatic upon request
- time limit depends on whether misdemeanor or felony
Time Limit for Misdemeanor
90 days
Time Limit for Felonies
175 days
Time Limit for Misdemeanors attached to a Felony
175 days
Speedy Trial WITH formal demand
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.
the trial must commence within 5 to 60 days from the filing of the demand. If the defendant has not been brought to trial within the 60 days
No limit as to how many times you can demand this
Waiving Speedy Trial
Expressly: on the record you tell the judge
Implicitly: by the defendant delaying the case (continuance)
Speedy Trial Violations
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” =
30 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)
If case dismissed after Motion for Discharge
if the case is dismissed after filing the motion for discharge, the case is dismissed without prejudice.
That means that the State can simply refile the charges unless a) the statute of limitations for the crime has expired or, b) the constitutional right to a speedy trial has been violated (it usually has never been violated)
When do you start to count speedy trial time
Speedy trial clock now starts upon the FORMAL FILING OF CHARGES.
- Arrest is no longer the event that starts speedy trial.
