Speedy Trial Calculator
Jeff Weeden can help you determine the best possible course of action for your case, whether that involves invoking your right to a speedy trial or waiving it. When you are arrested and formally charged, the speedy trial calculator provides a general guideline as to when your trial could be.
Colorado Revised Statute 18-1-405Regardless of the charges, as an American, you have the right to a speedy trial. As an aggressive and experienced criminal defense attorney who cares deeply about each one of his cases, Jeff Weeden can help you determine the best possible course of action for your case, whether that involves invoking your right to a speedy trial or waiving it. When you are arrested and formally charged, the speedy trial calculator provides a general guideline as to when your trial could be.
Most Americans associate the 6th Amendment with “Speedy Trial Clause”. This amendment guarantees certain protections to criminal defendants, including the following rights:
right to a public trial, without unnecessary delay
right to have an attorney
right to impartial jury
right to know who the accusers are
Although these protections are extremely important, the crucial detail of “how speedy” seems to be missing. When each week or even month of waiting becomes more difficult to endure, some may find themselves wondering just what is and isn’t “speedy”.
Although 97% of cases are resolved without these procedural protections, these rules prevent any case from languishing in the justice system for an unconscionable period of time before given the chance to go before a judge to prove their innocence.
Speedy Trial Defense OptionsAfter the state formally charges the defendant, as a criminal defense attorney, I have two options:
we can demand a speedy trial, or
we can waive the right to a speedy trial.
Benefits may certainly exist for both of these strategies. However, typically the goal is to avoid a trial altogether.
Finding a criminal defense attorney who specializes in positioning the client for the best possible plea bargain, if guilty, will be in the defendant’s best interest. Whether it’s a good idea to waive this right depends entirely on the facts surrounding the case, but more often than not, it isn’t.
Why Would I Waive My Right to a Speedy Trial?If you don’t waive your right to a speedy trial, the judge will set your case to be tired within the legal time frame. This time frame is usually insufficient for any attorney to gain access to the resources needed to prepare a quality defense for your case.
For high profile cases, it can be beneficial to wait until the public's attention has died down to hold a trial. Remember that judges and prosecutors are elected officials and can be swayed by public opinion.
Most cases will require negotiations. If you force the state to prepare for your trial in a short amount of time, they will not be as willing to negotiate.
Demanding a Speedy TrialVery few cases exist where I would recommend using the speedy trial calculator and pushing for your “speedy trial” date. However, waiving your right to a speedy trial has to be done with your full consent.
As a criminal defense attorney, I always want what’s best for each client. Therefore, if I ask a client to waive his or her right to a speedy trial, it’s in their best interest to do so. The speedy trial calculator can give you a rough estimate of when you can expect a trial, if you choose to enforce your right to a speedy trial in Colorado. The facts surrounding each case will pose a different plan of action, so I strongly recommend speaking to a solid criminal defense attorney before you make any decisions that could potentially affect the rest of your life.
In Colorado, when either party requests and receives a continuation, the six-month period simply restarts. When this happens, you can still use the speedy trial calculator to estimate your new court date.
After the state files charges, we can demand a speedy trial at any given point. Once I demand a speedy trial on behalf of my client, the motions and depositions cease. Typically, within 5 business days, you can expect to stand before a judge.
Demanding a speedy trial forces the State to move quickly. In DUI cases, for instance, the State might not be able to enter satisfactory blood or urine tests into evidence on time. In this case, having charges dismissed or dropped becomes infinitely easier.
Making a demand for a speedy trial forces the case to a speedy head and can usually get the case resolved quickly. This decision is one that should be taken with extreme caution and only one that a seasoned criminal defense attorney should make, based on experience.