Speey Trial

Question 1

Speedy Trial Motions

Answer 1

An accused has a statutory and independent Constitutional right to a speedy trial.

• Trial must normally commence within 50 days of defendant’s demand for a speedy trial.
• If defendant files a motion for speedy trial, it is deemed that defendant:
  
  • Is ready for trial within 5 days
  • Defendant has investigated the case

Question 2

When must trial commence when there is no demand for speedy trial?

Answer 2

• For misdemeanor, trials must commence within 90 days of arrest/custody.
• For felony, trial must commence within 175 days of arrest/custody.
• If retrial, retrail must commence within 90 days of the mistrial order.

Question 3

When may a defendant file a demand for speedy trial?

Answer 3

An accused may file a demand for trial within 60 days at any time after formal charges are filed.

Question 4

What happens if state fails to bring the defendant to trial within 50 days after the demand for speedy trial?

Answer 4

The defendant is entitled to file a notice of expriation of speedy trial time.

Question 5

What happens after a defenant files a notice of expiration of speedy trial time?

Answer 5

If the speedy trial right is violated, upon defendant’s notice of expiration of the speedy trial time, the court holds a hearing within 5 days.

Judge may order defendant tried within 10 days if no excuse is shown.

If defenant is not tried within these 10 days, upon motion, defendant will be forever discharged unless:

1. a valid extension has been granted and has not expired
2. The failure to hold trial is attributable to the accused, a co-defendant, or their counsel;
3. The accused or his counsel were unavailable for a proceeding where their presence was required by the rules; or
4. The demandy for a speedy trial is invalid.

Violation of the five - and 10-day periods has been held harmless if a defendant is actually brought to trial within 15 days of filing the notice of expiration.

Question 6

When does a trial begin?

Answer 6

• A nonjury trial commences when the proceedings begin before the judge.
• A jury trial commences upon swearing of the jury panel for that specific trial for voir dire examination.

Question 7

Timing Issues

Answer 7

1. Firs day: Don’t Count day Received but start the next business day.
2. Last day: Extended if Saturday, Sunday, or legal holiday.
3. If fewer than 7 days to respond, don’t count intervening weekends or holidays.

Question 8

When may the time for a speedy trial be extended?

Answer 8

For good cause, if:

1. Necessary to hold other pretrial hearings or examinations; or
2. Exceptional, unavoidable, and unforeseeable circumstances not including general congestion of the court calendar but including

• Unexpected unavailability of a necessary witness
• Unusual complexity of the case
• Accomodation of a co-defendant
• Where defendant has caused major delay or disruption.