Trial Procedure Criminal
Description 701 Motion Louisiana
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Louisiana Motion Speedy Trial Court FAQ
(1) A motion by the defendant for a speedy trial, in order to be valid, must be accompanied by an affidavit by defendant's counsel certifying that the defendant and his counsel are prepared to proceed to trial within the delays set forth in this Article.
A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested.In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether.
An arraignment in Louisiana is the first court appearance in criminal court in Louisiana. Prior to the arraignment, the prosecutor either filed a bill of information, which is the formal charge, or the grand jury returned a true bill indictinhg the defendant. The arraignment is then set.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be
A good example of when a person might request a speedy trial is when he is in jail awaiting trial.For instance, when a defendant asserts his right to a speedy trial and then flees the jurisdiction, the timeframe for holding the defendant's trial is stayed until the defendant returns.
In addition to guaranteeing the right to an attorney, the Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to a speedy trial by an "impartial jury." This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest,
The state has to bring you to trial with 120 days if you are accused of a felony and 30 days if you are accused of a misdemeanor and are still being held in custody. If you have bonded out, the State has 180 days to bring you to trial on a felony charge and 60 days to bring you to trial on a misdemeanor charge.
While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant's prima facie case of the denial of the right to a speedy trial when eight months have passed.