A person is arrested and released, then files a Waiver of speedy trial a few days later. No charges or information documents have been filed. 8-9 months pass (or any amount of time within the statute of limitations) and the individual wants to file a Demand for speedy trial.
However, the state did not file charges but has not "no filed" either. The requirements of the Demand for speedy trial state that the defense must be prepared for trial in 5 days. How can one be prepared, when they do not even know what the formal charge is going to be and has had no right to the discovery?
If you can not Demand a speedy trial prior to charges being filed, then how can you waive speedy trial? If the State does file an information, for an increased charge, does the initial waiver apply?