Speedy trial v. continuance and waiver thereof

Asked almost 2 years ago - Orlando, FL

If I'm an innocent "Defendant" in a assault case who has been charged simply by the unsubstantiated un evidenced statements of non injured parties (3-4 liars) is it a better strategy to waive speedy trial or is there some real advantage to speedy trial I dont know of? I'm thinking if your not in jail there would be no benifit to speedy. In this case maybe its best to continue so the bums who have falsley witnessed are more likley to space out or leave town or whatever. It also gives me more time to research. Anyone have an opinion or tips besides the predictable "hire a lawyer" reply? If I do hire a lawyer I want to be able to be competent enough to keep tabs on them and make sure they are acting in an effective manner. I've suffered enough injustice in this matter and cant accept failure

Attorney answers (4)

  1. Amber Hill

    Pro

    Contributor Level 14

    9

    Lawyers agree

    Answered . You do need to hire a lawyer because that is the best person to assess whether or not you should waive speedy trial or not. You might not like that answer, but the response is just common sense. Once you waive speedy trial your case could wind up being continued more times until you file a demand, so not only does this give you additional time, but it gives the State additional time as well. The facts surrounding your particular case can either be assessed by a lawyer who is trained and experienced in determining whether or not you should waive speedy or by you who has little to no legal experience. If you really 'can't accept failure' then you should not be attempting to represent yourself.

  2. Heather Morcroft

    Contributor Level 20

    7

    Lawyers agree

    Answered . The reason people give you the hire a lawyer reply is because the decision as to whether or not to waive speedy trial depends on the specific facts of your case, and you would be a fool to start posting specific facts on a public website in a criminal case. Perhaps instead of being so suspicious of lawyers, you ought to actually sit down and talk to one about your case.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
  3. Lisa Michelle Figueroa

    Contributor Level 11

    2

    Lawyers agree

    Answered . Most attorneys offer free consultations, either in person or even by phone. You should consider taking the time to do that so that they can go over your options, the procedures, etc. Many people are serving time in prison on the word of just one liar. We all want to believe the truth will set you free, but without a trained litigator to help you manuever through the legal system, you are taking a huge gamble. It would be well worth the investment of time to actually speak to someone about your case. If finances are an issue, you could request a public defender and they would be more than willing to go over everything with you. Strategic decisions in a case regarding waiving speedy etc are specific to the facts because every case has (and needs) its own strategy. It sounds like you have considered some of the pros and cons, however, there may be others you are not familiar with or are overlooking.

  4. Harry Edward Hudson Jr

    Contributor Level 20

    3

    Lawyers agree

    Answered . Ms. Morcrof and Ms. Hill's suggestions and comments demonstrate a great degree of wisdom. You would do well to at least have a conference with an attorney. Do not dally. Should you decide to hire counsel, keep in mind that courts are very reuctant to grant continuances at the last minute for the substitution of counsel [which, in this case, would be the new attorney for you].
    You can do what you want, and probably will. However, your comments tell me that you haven't a clue to what happens in a criminal case.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more

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