Speedy Trial

Question 1

If a defendant does not file a demand for a speedy trial, the defendant must be brought to trial within _______ days of arrest for a misdemeanor and _______ days of arrest for a felony

Answer 1

90 ; 175

Question 2

If a defendant files a demand for a speedy trial, the court must hold a hearing within ________ days and must set trial for between five and _____________ days from that time.

Answer 2

5 ; 45

Question 3

If the defendant is not tried within ____ days of filing a demand for speedy trial, the defendant may file a Notice of Expiration of Speedy Trial Time.

Answer 3

50

Question 4

What are the exceptional circumstances that would permit the extension of the speedy trial deadline?

Answer 4

1. The case is too unusual and complex to expect adequate investigation or preparation within the allotted time,
2. The accused has caused major delay or disruption of preparation of proceedings,
3. Recent unexpected developments that will materially affect the trial.

Question 5

What are not considered exceptional circumstances that would permit extension of the speedy trial deadline?

Answer 5

1. Court’s docket is congested,
2. Lack of diligent preparation,
3. Failure to obtain witnesses, and
4. Circumstances that could be avoided or foreseen.

Question 6

When a valid notice of expiration of speedy trial is filed, the court must hold a hearing within _____ days to determine whether the prosecution has a good faith and valid excuse for the delay. If there is no valid excuse, the trial must commence within _______ days of the hearing.

Answer 6

5 ; 10