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While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.

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.

Whether it's a good idea to waive time depends entirely on the circumstances of the case. It might be possible that the defense can force the prosecution to trial before the latter is ready?but that can be a risky strategy. Usually, it makes sense to take whatever time is necessary to fully prepare a defense.

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.

There is no set time limit within which the trial must commence; rather, consideration must be given to the circumstances of each case.

In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel. Code 1858, § 4992 (deriv. Const.

The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the alleged crime and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost.

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Your attorney may advise you to waive the right if they feel they need more time to prepare the best defense for your case. Whether it's a good idea to waive time depends entirely on the circumstances of the case.I have been advised of my rights to a speedy trial under the Speedy Trial. Act, 18 U.S.C. § 3161. With the simple strike of a pen, someone can waive their right to a speedy trial without even knowing it. You have the right to a public and speedy trial within 45 days of your arraignment or plea. So the right to a speedy trial prevents people from being indefinitely held in jail. Waive Right to a Speedy Trial? No information is available for this page. You have the right to a public and speedy trial within 45 days of your arraignment or plea.

Tennessee Waiver of Speedy Trial

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Can defendants may waive their right to a speedy trial?

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