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.
In California, a Motion for a Speedy Trial is a legal document filed by a defendant or their attorney to request an expedited trial date. This motion is based on the defendant's constitutional right to a speedy trial, which ensures they are not subjected to prolonged periods of pretrial detention or uncertainty. A Motion for a Speedy Trial is typically utilized when a defendant believes their right to a prompt trial has been violated. The motion highlights the excessive delay in bringing the case to trial and asserts that this delay has negatively impacted the defendant's ability to present an effective defense. By filing this motion, the defendant is essentially asking the court to prioritize their case and set a trial date within a reasonable timeframe. There are two common types of Motion for a Speedy Trial in California: 1. "90-Day Motion": Under California Penal Code Section 1381, a defendant charged with a felony offense is entitled to a trial within 60 days of the date they are arraigned or enter a plea, whichever occurs later. However, if the defendant is incarcerated, they can file a "90-Day Motion," which extends the trial timeline to 90 days. This motion protests any delay that exceeds the 90-day threshold and requests the court to expedite the trial proceedings. 2. "Time-Waiver Motion": A defendant charged with a misdemeanor in California has the option to waive their right to a speedy trial. This is usually done by signing a "Time-Waiver" form, which allows the court to schedule the trial outside the usual statutory time limits. However, if the defendant later changes their mind and wishes to assert their right to a speedy trial, they can file a "Time-Waiver Motion" requesting the court to restore their speedy trial rights. This motion addresses any delays caused by the defendant's previous waiver and seeks to ensure that their right to a prompt trial is reinstated. In summary, a California Motion for a Speedy Trial is a legal tool employed by defendants or their attorneys to assert their constitutional right to a timely trial. It aims to address delays in the court proceedings and request the court to expedite the process. Two common types of motions include the "90-Day Motion" for felony cases and the "Time-Waiver Motion" for misdemeanors. These motions play a significant role in safeguarding defendants' rights and ensuring a fair and efficient criminal justice system in California.
