How does it work if someone requests a speedy trial in a felony case ?
DUI / DWI Attorney
If a speedy trial demand is filed then the state must provide the defendant with a trial within 120 days if the defendant is in custody or 160 days if not in custody. Any continuance ocassioned by the defendant does not count against those days.
This comment is being left for informational purposes only and based solely on the information provided in the question. This comment does NOT create an attorney - client relationship. An attorney should be contact directly and given the full details of the specific circumstances in order to be best able to assist in the issues at hand.
7 lawyers agree
There are a lot of pros and cons with respect to a Speedy Trial Demand and that crucial decision should be always made by a licensed attorney of record after a review of that case for applicability of that Motion as, in some cases, the case may suffer an expected blowback, added charges and worse disposition.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602
6 lawyers agree
Criminal Defense Attorney
It usually takes many months to resolve a felony case, and usually beyond the time set forth in the rules, so the right to a speedy trial is frequently waived. It is the defense attorney who needs to make the decision whether he or she is ready to go to trial. Those of us with decades of experience like to use that time to think about the case. The more time we are able to think, the more creative we can become. Speedy trial rights are just one way to get the defendant discharged.
R. Jason de Groot, Esq.,
4 lawyers agree
Criminal Defense Attorney
From the day of your arrest, the clock is running. Typically, an attorney can demand trial as early as your initial court appearance knowing that the State will not be ready for trial. Once the case is assigned to a trial judge your attorney must make a decision as to whether or not to demand trial. If he demands trial and you are in custody the clock runs and you must be brought to trial within 120 days, unless the term is broken by a continuance occasioned by the defendant or by agreement of the parties. If you are on bond the same applies only the term is 160 days.
5 lawyers agree