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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]
Where there are successive state and federal prosecutions, the general rule is that the federal constitutional speedy trial right does not arise until a federal accusation against the defendant is made. Thus, a prior state arrest based on the same facts as the subsequent federal charge does not implicate the federal constitutional guarantee. [26]
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 ...
The right to a speedy trial is enshrined within the U.S. Constitution. ... from various sources to prepare for motions or trial, he said. "The system, as of today, is still struggling with ...
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 ...
Chesebro and Powell are having their trial first because they invoked Georgia’s speedy trial law, while the other defendants, including Trump, did not do so. McAfee said Thursday he hopes to ...
Speedy justice in the findings and within the confines of the case, facts and the law is a stated goal of many legal systems. [21] Conversely, "[D]epriving quick and certain justice to the litigants ... reinforces the negative images of the judicial system...." [22] A long list of potential excuses for extended decisional slow motion are ...