I keep hearing about people in jail for 3+ years awaiting trial. If they’re ‘innocent until proven guilty’ I dont understand why they are confined. I thought there was a right to a speedy trial also or is that not really the case?
In: 235
It depends.
Speaking as an attorney with a bit of experience in the federal criminal justice system, trial delays often result from the defendant’s decisions.
Defendants rarely want to go to trial. They’d prefer to put off trial as long as possible or avoid it altogether. So defendants often waive their speedy trial rights to have more time to negotiate a plea bargain, investigate their case, etc.
As for why they’re incarcerated before trial—at least in the federal system, the court will evaluate several risk factors, including the alleged crime’s nature, criminal history, etc. Basically, the court evaluates the likelihood that if released, the person poses a danger to others or might flee the court’s jurisdiction before trial.
If someone gets arrested for committing bank fraud, has no passport, no priors, etc, they’re more likely to go home and wait for trial.
If someone gets arrested for a violent offense, has a history of violent offenses, leaves the country often, etc, they’re almost invariably waiting in jail.
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