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.
Idaho Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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Wingo, 407 US 514; those four factors are: (1) the length of the delay, (2) the reasons for the delay, (3) the appellant's assertion of the right to timely review and appeal, and (4) prejudice; if this analysis leads it to conclude that the appellant has been denied the due process right to speedy post-trial review and ...
(in determining whether an appellant has been denied his right to a speedy trial under the Sixth Amendment, an appellate court considers the following factors: (1) the length of the delay; (2) the reasons for the delay; (3) whether the appellant made a demand for a speedy trial; and (4) prejudice to the appellant).
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.
You can demand a trial within 60 days of your arrest by filing a "Demand for Speedy Trial." Once you file your demand, no later than 5 days later, the court must place the case on the calendar and will set the trial date to begin no less than 5 days or more than 45 days from that date.
A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial.
The United States Constitution does not precisely define what a speedy trial is. Unsurprisingly, much litigation and legislation has helped to determine time limits for a speedy trial. The U.S. Supreme Court has laid out factors to consider when deciding whether the time to trial was speedy enough.
(a) It shall be unlawful for any person to fail to appear in court at the time promised on a misdemeanor citation or to fail to appear at the time indicated on a misdemeanor citation served upon the defendant, regardless of the disposition of the charge upon which such citation was originally issued.
The right to a speedy trial is guaranteed by the Sixth Amendment to the United States Constitution and Article I, Section 13 of the Idaho Constitution. These constitutional protections are supplemented by Idaho Code § 19?3501, which sets specific time limits within which a criminal defendant must be brought to trial.
