Trial

Question 1

When must a trial take place WITHOUT demand?

Answer 1

Misdemeanor: within 90 days of arrest
Felony: within 175 days of arrest

Question 2

When must a trial take place WITH demand?

Answer 2

D is entitled to trial within 60 days

Question 3

By filing a demand, D certifies that he is:

Answer 3

(1) available for trial
(2) diligently investigated the case
(3) ready for trial w/in 5 days

Question 4

When must a calendar call be held following a demand for speedy trial?

Answer 4

Within 5 days and set for trial within 45 days

Question 5

What happens if the time for speedy trial has expired?

Answer 5

D files a notice of expiration of speedy trial and serves it on the State.
Court holds a nearing within 5 days and the trial will commence within 10 days.
If trial doesn’t commence within 10 days, crime is discharged.

Question 6

When has trial commenced?

Answer 6

Jury trial: upon swearing in of voir dire panel

Non-jury trial: upon proceedings beginning with the judge

Question 7

If D is going to be retried after a mistrial or on appeal granting a new trial, when must trial be brought?

Answer 7

Within 90 days unless a demand if filed. If so, D must be brought to trial within 60 days and can file motion for discharge after 50 days.

Question 8

When can the state file a notice for speedy trial?

Answer 8

Rare. But if:

(1) met discovery obligations
(2) court has granted at least 3 continuances on D’s request of the State’s objection; and
(3) In a felony case, if it’s not resolved within 125 days after the date that formal charges were filed and the D was arrested or the date that the D received a NTA. Court schedules calendar call within 5 days of trial and 45 days after that.