In what timeframe would a right to a sppedy trial be unconstituional? I was arrested for a DUI March 22, 2012. I have not been arrainged yet. I have had one continuation April 22, 2012. Thamk you for your time.
Country relating to Question: United States
State (if USA): Hawaii
Hi,Nothing looks easier to a non-lawyer than figuring out speedy trial time. Hawaii says they have to bring you to trial within 6 months. Unfortunately, what non-lawyers don't realize is that the six months isn't 180 consecutive calendar days. The only days that count are the days when the state isn't ready, and that's the only reason for the delay. The speedy trial clock starts and stops.The US Supreme Court requires a 4-part balancing test that they spelled out in Barker v. Wingo. This is what most states follow, and Hawaii is no exception. Courts make a decision not by how old the case is but by(1) the length of delay;(2) the reason for the delay;(3) the assertion of the right to speedy trial by the accused; and(4) the prejudice to the accused resulting from the delay.Using this standard, States have held that even a year's delay is not a denial of a defendant's right to a speedy trial, depending upon the facts and the balancing test above.You can get a better idea by looking at this Hawaii case which will show you how a speedy trial motion gets analyzed and decided. (see link) The case is also a DUI and it relies on Barker v. Wingo.So if your case is a few months old and you have not yet been arraigned due to the state's failure to have their paperwork together or their lab report, that should be time included towards the 6 month period. It would be enough to get you released if you were incarcerated, but it's not nearly enough yet for dismissal.FranL41123.9681011574
18 years of NYC criminal litigation experience.
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