This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Arizona Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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FAQ
Dismissal is the remedy for a speedy trial violation. If there is a lengthy delay before your case goes to trial, and the court determines that you have been denied your constitutional right to a speedy trial, then the court must dismiss (toss out) the charges against you.
(under the Sixth Amendment speedy trial test, there are three similar interests relevant to the prejudice analysis: (1) prevention of oppressive incarceration pending appeal; (2) minimization of anxiety and concern of those convicted awaiting the outcome of their appeals; and (3) limitation of the possibility that a ...
270 days from arraignment. 18 months from arraignment. Arizona Laws allow for certain named reasons in the Rules of Procedure in which a trial commencement extensions may be allowed.
(an appellate court weighs the following four factors to determine if there is a Sixth Amendment speedy trial violation: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's demand for a speedy trial; and (4) the prejudice to the accused).
Overview of Penal Code 1382 PC A formal charge (aka, an "information) must be filed against the defendant within 15 days of arrest; For infractions and misdemeanors, a trial must be held within 30-45 days of arraignment; For felonies, a trial must be held within 60 days of arraignment.
SPEEDY TRIAL ACT OF 1974 - DEFINING THE SIXTH AMENDMENT RIGHT. THE SPEEDY TRIAL ACT OF 1974 MANDATES THAT, BY 1980, THE PERIOD OF DELAY IN ALL FEDERAL AND DISTRICT COURTS SHALL NOT EXCEED 100 DAYS, SUBJECT TO A VARIETY OF EXCLUDABLE PERIODS OF DELAY.
To protect a criminal defendant's speedy trial rights, the Arizona Rules of Criminal Procedure provide that people who are in custody must be brought to trial within 150 days of their arraignment.
¶ 6 Arizona Rule of Criminal Procedure 20(a) provides that on a defendant's motion or its own initiative, a trial court ?shall enter a judgment of acquittal? before the verdict ?if there is no substantial evidence to warrant a conviction,? and that ?[t]he court's decision on a defendant's motion shall not be reserved, ...