This time frame is often insufficient for your attorney to thoroughly prepare a defense to the case. The State has all of the evidence, access to witnesses, and resources to try the case in a very short time frame. The defense is limited in how it obtains information. Your attorney may have to take depositions, file motions, investigate, obtain evidence from the State.
If all of these things are not accomplished within the time frame, you would have to go to trial without that information and evidence. This would benefit the prosecution. Also, many cases involve negotiations. If the State has to prepare for a trial in a short amount of time, they are less likely to negotiate in good faith. If you are not brought to trial within the time period and you have not waived your right: you may file a "Notice of Expiration of Speedy Trial Time," and no later than 5 days from the date you file the Notice of Expiration, the court shall hold a hearing on the notice and, unless the court finds one of the following, shall order that you be brought to trial within 10 days, and if you are not brought to trial within 10 days through no fault of your own, you can file a motion and the charges shall be forever discharged from the crime.
Can I demand a speedy trial? Certain factors like what evidence should be deemed inadmissible , who can and cannot take the witness stand, and what arguments one can and cannot make at trial can all be determined via pre-trial motions. The opportunity to file a pre-trial motion only comes around once, which is why it is best that you discuss with your attorney which motions, in particular, can be beneficial to your case.
Some of the most common pre-trial motions include:. If done correctly, filing the proper pre-trial motions can have penalties drastically reduced, or even charges dropped altogether. While pre-trial motions are known to have the most significant impact on a case, they are not the end all be all.
Once the trial begins, the prosecution and defense can continue to file motions that they believe can help their case. For example, if a prosecutor blurts out evidence or mentions a testimony during the trial that was deemed inadmissible as a result of a successful pre-trial motion, the judge will likely issue an order to vacate. This essentially tells the jurors to disregard what was just stated. Some other common motions include:. In addition to these, another more rare motion is a motion for access to and preservation of the crime scene.
If approved, this will require the judge to accompany jury members at the crime scene. When a defendant is out on bail anyway, there may be no sense in rushing to trial without adequate preparation.
If your attorney takes any action at all during this time, such as by filing a motion to suppress evidence or to demand discovery, the calendar pages stop flipping. For example, if you file notice on the 90th day that you want the charges dismissed in accordance with your constitutional rights, the court can give the prosecutor notice that he then has two weeks to get into court or the state forfeits the right to try you. Beverly Bird is a practicing paralegal who has been writing professionally on legal subjects for over 30 years.
She specializes in family law and estate law and has mediated family custody issues.
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