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In addition to the constitutional guarantee, various state and federal statutes confer a more specific right to a speedy trial. In New York, the prosecution must be "ready for trial" within six months on all felonies except murder, or the charges are dismissed by action of law without regard to the merits of the case.
The consequences of a speedy trial violation may require that the case be dismissed, although depending upon the circumstances it may be possible for the state to again initiate a criminal charge against a defendant despite a speedy trial violation. Defendants may waive their right to a speedy trial for the purposes of negotiation. [10] [11]
Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484 (1973), was a decision of the US Supreme Court regarding the statutory jurisdiction of federal district courts to grant writs of habeas corpus for guaranteeing the right of state prisoners to receive a speedy trial in another state under the Speedy Trial Clause of the Sixth Amendment to the US Constitution.
In all criminal prosecutions, the accused shall enjoy the right to a speedy . . . trial . . . . [3] The Speedy Trial Clause regulates delay between the bringing of a formal criminal charge and/or the pre-trial deprivation of the accused's liberty and the start of trial. [31] The Clause has been incorporated to apply in state prosecutions. [32]
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 confronted with the witnesses against him; to have compulsory process for ...
Under the federal speedy trial law, Routh could face trial within 70 days of his arraignment — but that is unlikely. If convicted of the attempted assassination, Routh, a former North Carolina ...
The state law stems from the Sixth Amendment of the U.S. Constitution, which guarantees the right to a speedy trial but does not specify a time frame. Will everyone in the Trump case have to be ...
Speedy Trial Clause case law (9 P) Pages in category "Speedy trial" The following 8 pages are in this category, out of 8 total. This list may not reflect recent ...