This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000291
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Word;
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FAQ
The most common reason for waiving speedy trial is to give the defense more time to prepare their case. If a defendant is facing serious time if convicted, taking the time to let your attorney be prepared as possible can very well be worth a couple of more months in jail.
(the prejudice factor used to determine if there is a Sixth Amendment speedy trial violation should be assessed in the light of the three interests of the accused which the speedy trial right was designed to protect: (1) preventing oppressive pretrial incarceration; (2) minimizing anxiety and concern of the accused; ...
The right to a speedy trial is a fundamental aspect of the criminal justice system. In Georgia, this right is enshrined in both the state's constitution and statutory law. It ensures that an accused individual does not face an unreasonable delay between the filing of charges and the trial.
SPEEDY TRIAL ISSUES Delays in law enforcement disclosures of evidence to prosecutors lead to delays in disclosure to the defense and the need for continuances; Backlogs in state laboratories delay completion of key forensic testing;
(the prejudice factor used to determine if there is a Sixth Amendment speedy trial violation should be assessed in the light of the three interests of the accused which the speedy trial right was designed to protect: (1) preventing oppressive pretrial incarceration; (2) minimizing anxiety and concern of the accused; ...
The federal Speedy Trial Act provides some instruction for federal cases. For example, it requires formal charges to be brought within 30 days of an arrest. One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent.
Without this right, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial.
Answer: One reason that does NOT guarantee a defendant receives a speedy trial is the passage of time between arrest and trial can be used by investigators with the district attorney's office to continue identifying additional witnesses and strengthen their case against the accused.
The pros of filing a speedy trial demand are the case will be dismissed if the case is not tried in a timely manner. Another benefit is the prosecution does not have as much time to prepare for trial, locate witnesses, and gather evidence.