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
There is a right to a speedy trial, but the defendant has to petition for it. At that point, the Speedy Trial Act of 1974 sets various deadlines for your case. But if your case can’t be heard within that time (usually because the court’s trial docket is packed), that’s not in and of itself a violation of your right to a speedy trial. To determine that, you look at the length of delay, the cause for the delay, and prejudice to the defendant resulting from the delay.
Asserting the right to a speedy trial can be a pretty big gamble. You’re essentially telling the court that you’re ready for trial in a couple of months, so you really need to have all your evidence and witnesses ready to go, which is probably not possible in high-stakes or complicated cases. But if you do assert that right, and the prosecution can’t be ready by a reasonable date certain, then that may open the door to either releasing you pre-trial, or dismissing the case and bringing charges later. (Note: double jeopardy has not attached yet because no jury has been empaneled.)
Latest Answers