How long can the state prolong a trial if the defendant has asked for a speedy trial?

Asked over 1 year ago - Miami, FL

How long can state prolong a trial if the defendant has asked for a speedy trial?

Attorney answers (3)

  1. Valerie Erwin Prevatte

    Pro

    Contributor Level 10

    16

    Lawyers agree

    Answered . There are some exceptions, but generally a defendant has the right to demand a trial within 60 days by filing a Demand for Speedy Trial and serving a copy of it on the prosecutor. The court is supposed to hold a "calendar call" within 5 days of the filing of a DST, and then set the trial between 5 & 45 days. Again, there are exceptions. A defendant who demands a speedy trial is basically saying he/she has diligently investigated the case and is prepared for trial. I've seen many defendants file a DST on their own, only to realize they truly are NOT ready for trial. Often times, delays in going to trial actually benefit the accused (memories fade, witnesses lose interest, bigger & better stories hit the news, etc.)

    The comments herein do not establish an attorney/client relationship.
  2. Larry Thomas McMillan

    Contributor Level 15

    14

    Lawyers agree

    Answered . If you filed a "Demand for Speedy Trial" the state has 60 days to bring you to trial.

  3. Robert Jason De Groot

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . They basically must try the case within 175 days, when there is no waiver of speedy trial.

    R. Jason de Groot, Esq.,

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Criminal charges

Criminal charges are formal accusations in court that someone has committed a crime. Criminal charges have many classifications and degrees of severity.

Daniel P. Hilf

Driving While License Suspended

Driving While License Suspended or Revoked in Michigan is a misdemeanor offense (according to MCL 257.904(3)(a)) that carries a maximum potential jail sentence of up to 93 days, and/or a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,952 answers this week

3,472 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,952 answers this week

3,472 attorneys answering