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What happens to the calculation of speedy trial when a mistrial is declared
Yakima, WA
Viewed 226 times.
Posted about 1 year ago in Criminal Defense
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Right to a speedy trial:
When a mistrial is declared because not enough jurors could be selected from the juror pool, what happens to the person's right to a speedy trial? My brother was charged with a DUI and the court date was on the last possible date it could be held in order for him to have a speedy trial and a mistrial was declared. Does this make the speedy trial invalid?
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Answers (2)Brian Frederick Greenwald
This attorney is licensed in Florida.
Posted about 1 year ago.
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In Florida, as in most jurisdictions, your right to a speedy trial is satisfied once the clerk swears in the trial jury panel for voir dire examination (panel of jurors for initial questioning).
Michael Gregory Malaier
This attorney is licensed in Washington.
Posted about 1 year ago.
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There is really no cut and dry answer to the situation you pose. While the U.S. Constitution guarantees a speedy and public trial, Washington court rules require (at least ostensibly) that an out of custody defendant be brought to trial within 90 days of arraignment, and those being held in jail should have a trial within 60 days. Like most court rules, however, the exceptions have grown like a weed, and have almost eclipsed the general rule. The court rules recognize periods of time during which these time frames "toll," or for lack of a better word, "don't count." In the situation you describe, your brother will probably have a new trial set, the court finding reason to toll the period of speedy trial. While this doesn't seem fair, realize that Washington's 90 day rule is rather more liberal than those in many other states.
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