When can you file for a fast and speedy trial in Georgia? How long after filing for a speedy trial do you have before trial starts? 90 days? 120 days? 180 days?
Every Superior/State court has what is called a term of court, for example DeKalb Superior Count has a term of court that lasts two months. You can file a statutory demand for speedy trial during the term that you are indicted or the next succeeding term of court. Your trial must be during the term you filed the demand or the next succeeding term of court, except for certain crimes in which the State gets an extra (third) term of court. So in order to answer your question the information needed is: what is the person charged with and in which court in which county.
Criminal Defense Attorney
Mr. Pines is correct. The only thing that I have to add is that terms of court can range from 2 months to six months. The smaller the circuit, the longer the term. Lowndes County has 6 month terms. So, it could be up to a year before a speedy trial demand is complied with. In circuits such as this, statutory speedy trial demands are not too effective. However, sometimes there will be a constitutional speedy trial issue. For instance, if a felony case takes more than a year to get to trial after indictment, and the defendant has either been incarcerated for that entire time or some exculpatory evidence has been lost, there may be grounds for a dismissal of the charges based upon a constitutional speedy trial violation. One of the factors for consideration in regards to this issue is whether the defendant has asserted his speedy trial rights. Therefore, generally, a defendant must file a speedy trial demand to make this an issue. Constitutional speedy trial arguments are very complex. Your son will need the assistance of an attorney to determine the best course of action in his case.
Allen R. Knox
125 Townpark Drive, Suite 300
Kennesaw, GA 30144
Criminal Defense Attorney
The trial has to be during the term the demand is filed or the next one. In capital cases, it is an extra two terms.
Read my blog, below.
↓ Mark this answer as "Helpful" or "Best Answer" if you like it. For more information, contact us at www.SteakleyLawFirm.com or (404) 835-7595. The initial consultation is always free for Avvo users.
Be careful what you ask for. Often times a criminal case will get better for the defense with age. There is a time an place to ask for a speedy trial and a time and place NOT to.
This answer is intended for general information only and does not create an attorney-client relationship. You should consult with an attorney for detailed information as each situation may be different. Do not rely on the information given in this answer, and proceed at your own risk should you decide not to consult with a state licensed attorney first.