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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.
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 ...
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 ...
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 Speedy Trial Act of 1974 (88 Stat. 2080, as amended August 2, 1979, 93 Stat. 328, ... Where there are successive state and federal prosecutions, the general rule ...
A clerk shows a customer a TPM Arms LLC California-legal featureless AR-10 style .308 rifle at the company's booth at the Crossroads of the West Gun Show at the Orange County Fairgrounds on June 5 ...