One of the rights all Americans have is to a speedy criminal trial. This defendant can demand a speedy trial. For a felony, this period is 175 days.
A speedy trial, however, may not allow enough time for him to prepare his defense, so making such a demand must be done with caution.
You should retain an attorney immediately or discuss this issue with his current attorney if he has one. The charge is very serious and demands careful attention.
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As a follow up, due to the seriousness of the charge and if there is good evidence against them, they will probably sit in jail with a very high bond or no bond until trial.
In cases like, the defense being ready within the 175 days of speedy is not very likely so they may sit for some time.
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The defendant needs to hire an experienced criminal defense attorney ASAP to review the bond and discuss the facts and the law with him/her in private. Criminal trial process varies from state to state and judge to judge (absent a speedy trial order or statute). Death of a child is a very serious felony, it will take some time to get to the point (if at all) of a jury trial. Get counsel to assist.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
I agree with the other answers regarding speedy trial and the need to speak to an experienced criminal defense attorney who routinely practices in Sarasota. However, your question says "how long will the person sit there before a trial is set." In Sarasota, where I practice, felony cases are set for a trial date at the case management hearing. Here is the way it works here: first the case is set for an arraignment, then 3-4 weeks after the arraignment (assuming the state has filed the charging document - called an information) the case is set for a case management hearing. At the case management hearing the state should have given the defendant the discovery (copies of reports, witness statgements, and the witness list, etc . . .) and plea offer. If the case doesn't plea out at the case management hearing then both sides (the state and the defense) enter into a trial stipulation that essentially sets a trial date at a mutually convenient time. The defendant or person accused also helps choose the trial date which can be within the speedy trial period or beyond the speedy trial period. I believe this should answer the specific question you asked. If not, give me a call.
175 days until trial (if you do not waive speedy trial) OR if you bond out. If you have a no bond status or your bond is high, you need an attorney to get hearing time to set a bond or reduce it. I agree with what has already been said.
This is not legal advice. My responses are only informative. You should consult an attorney within your area who will have an opportunity to gather all the facts.