We have not seen a situation this dire in over years. Motion writing, appeals, and cases of first impressions are going to come to the forefront. Amadeo is known as one of the top criminal defense lawyers across the state of Michigan and provided commentary on the issue. In my opinion, the defense lawyer needs to fight for their client while understanding the difficult position our courts will be in.
I was always taught if every case went to trial under normal conditions, the courts could not handle it. If a prosecutor does not want to be reasonable, I have no problem making their docket a nightmare and pushing everything to trial. Still, in my opinion, teamwork would be a wise decision for everyone.
The constitution is on the side of the criminal defense lawyer right now. I highly suggest we work as a team. If we cannot work together, well, stay tuned.
If you have a subscription, please log in or sign up for an account on our website to continue. Please log in, or sign up for a new account to continue reading. Thank you for visiting myfenton. Click here for details. Updated: January 13, pm. Whenever a defendant in a criminal case is charged and arrested there are a number of constitutional and statutory rights which automatically apply. This right is contained in the Sixth Amendment to the United States Constitution, a federal statute called The Speedy Trial Act, and in state constitutions or statutes or both.
As to how it works in practice, some jurisdictions have statutes with specific time limits for when a trial must start. For example, the federal statute requires trials to be commenced within 70 days of the charging document being filed or the date the defendant first appears in court, whichever is later.
This period can be extended for such matters as pretrial motions or if the judge allows it. There are other jurisdictions with more general or no time limits and which use a different approach for enforcing this right. The clock usually starts running on the right to a speedy trial when the defendant is arrested. Or it may start running when the defendant is formally charged, if this happens before the arrest.
However, the clock will not start running if law enforcement is investigating someone as a suspect but has not arrested or formally charged them. Since the clock can start running before the arrest, a defendant might think that avoiding an arrest would be a good strategy if they have already been charged. However, a judge will pause the clock during any period in which the defendant is evading law enforcement.
Technically, the Sixth Amendment right to a speedy trial does not require a defendant to be sentenced within a certain time after a conviction. Federal and state laws often provide certain time limits for sentencing, though, and the Federal Rules of Civil Procedure provide that a defendant is entitled to be sentenced without an unnecessary delay.
There also may be due process arguments if a delay in sentencing is extreme. Death penalty cases, which involve a separate sentencing phase, may present distinctive timing issues. Last reviewed October Criminal Law Contents.
Criminal Law. Aggravating and Mitigating Factors in Criminal Sentencing. Restitution for Crime Victims. Receiving Immunity for Testimony in a Criminal Case. Classification of Criminal Offenses. Admissibility of Evidence in Criminal Cases.
Criminal Appeals. Motions for a New Trial in Criminal Cases. Competency to Stand Trial for Criminal Defendants.
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