This guide will attempt to address some common misconceptions about speedy trial - when it starts, how long it is, how it can be tolled, and how it can be waived
CRS 18-1-405 Speedy Trial
The Court and the prosecution MUST bring a defendant to trial within 6 months of the date that the defendant PLEADS NOT GUILTY (not the date of arrest or the date of the first appearance in court).
Factors that toll or extend the period of the 6-month speedy trial
1. Waiver by a defendant (most often when a defendant asks for a continuance); 2. Defendant's failure to appear for a court hearing; 3. Delay caused by Defendant; 4. Delay caused by Defendant's counsel; 5. Prosecution's motion to continue based on unavailable material witness or evidence (rare); 6. Mistriall (have 3 months from date of mistrial); 7. Interlocutory appeal; 8. Post-judgment appeal; 9. Defendant is incompetent to stand trial or is being evaluated for competency; 10, A change of venue.
Factors that do NOT extend the period of speedy trial
1. Prosecutor's request for a continuance when there is no finding of "good cause"; 2. Granting bail; 3. Defendant's in jail in another jurisdiction; 4. Issuance of a Governor's Warrant.