Right to a Speedy Trial
What is the right to a speedy trial?The definition of a right to a speedy trial states that this right is offered to the defendant to request the outcome of the trial quickly, so the individual can finish it before violating the terms that is included in the 5th amendment, which restricts the time the accused can be held for trial. By the ‘due process’ from the terms that are included in the 5th amendment the charges against the individual can be dropped if the trial could not be finished before the time limit.
In the state of Oklahoma what are the requirements to a speedy trial from an arrest to arraignment to preliminary hearing to trial?In the state of Oklahoma there are no specific requirements that are set for a speedy trial. The state of Oklahoma’s Constitution is a little unclear which is similar to the United States; both of these have no certain deadlines either. Also, the right to a speedy trial is not started until the Defendant decides to make a certain required for this speedy trial, and after they do not ask for a continuation, or in any way postpone the case. There are cases within the state of Oklahoma where the trial has been postponed for many years and the court has then found that these cases did not violate the Defendant’s right to a speedy trial.
In the state of Texas what is an individual’s Constitutional rights to a speedy trial?In the state of Texas the rights are limited; the defendant should be taken to trial in the state of Texas within the time limits:
180 days only if the defendant is being charged with a felony
90 days if the defendant is charged with a misdemeanor where the punishment is imprisonment for more than 180 days
60 days only if the defendant is charged with a misdemeanor where the punishment is imprisonment of 180 or less, or only a fine.
These time limits only apply when the individual does not ask for a continuance or has filed any pre trial motions. The pre trial motion will stop time, and it will take longer for the judge to hear the case and then decide on whether or not to accept the motion.
How can a person that is still in jail file a motion for a speedy trial when the court refuses to assign an attorney for this individual?In this case the individual will need to first speak with an attorney about their situation. Since the individual has already asked for an attorney and the court as turned them down, what they will need to do now in order to get into the court and on record would be to request a public defender. Once the public defender is assigned, they then can talk about their right to a speedy trial.
In the state of Missouri what is the time limit in order to request the right to a speedy trial?An individual will have the right to a speedy trial under the Sixth Amendment of the United States Constitution, which will require that the trial be held by a certain time limit after the individual has been charged with a certain crime. The right to a speedy trial can in fact be waived by requesting more time in order to prepare. With limited exception, the individual should be facing trial in the state of Missouri within 70 days of the beginning of an information or indictment, if the individual is still in custody within this person will have the right to a speedy trial within 90 days after the beginning of the custody date.
After being charged with a misdemeanor or a felony of some sort many individuals often get stuck with dealing with many things that are completely unnecessary regarding their case. More times than others the individual will be allowed to present their right to a speedy trial in order to speed up the process of their trial. For more information regarding a person’s right to a speedy trial contact the Experts online.