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

1

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).

2

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.

3

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.