On a news cast about a local scumbag it was reported that he "waived speedy trial". While I have a very basic idea of what a speedy trial is it brought a question to mind...What are the pros and cons of waiving speedy trial? I would imagine not waiving it would cause the State Attorney to proceed with a case that they haven't had enough time to prepare. Other than that I'm really not sure.

Can you guys and gals explain the ins and outs of speedy trail and under what circumstances you would and would not want to waive it? Please explain it in terms an 8 year old can understand.

Seems to me the only way the trial would be 'speedy' is if there was no reasonable defense. Since the scumbag as you call him/ Her? waved it, seems it was a done deal and no reason to spend time in court being bored.

Waiving speedy trial gives the defense more time to bring witnesses in for depositions, review the evidence acquired in discovery, etc. Most cases in my area in Iowa don't ever reach trial, and I would guess 95% of those that DO make it have waived speedy trial.

We sometimes see defense attorneys making speedy trial demands in drug paraphernalia or drug possession cases because they're hoping they can get the trial date before the substances can be tested and confirmed by the state lab.

I don't really see another benefit. I think the prosecutor is probably more likely to talk a deal if they waive speedy and act like an adult. The majority of criminal cases handled by officers on the street (like 80% of them or better, I would guess) are people that are caught in the act by the officer. The evidence is so overwhelmingly indicative of guilt, and the defense attorneys know this.

I have been a police for three years now, I've probably arrested close to 400 people, and I have been on trial for something more than a traffic offense exactly one time, for a domestic assault involving no injuries. He was convicted. Most people just strike a deal.

Waiving your 6th amendment rights to a speedy trial is most often done to give the defendant time to prepare his defense. In some cases, where there are alternative dispositions of a case like a deferred prosecution, the waiver is made in exchange for the agreement to defer. That way, if the defendant fails to satisfy the terms of the alternative disposition, then the prosecutor is not barred by the 6th Amendment from bringing him to trial.

Here are some brief reasons why a defendant would waive their right to a speedy trial.

1. They are looking for evidence;
2. They are looking for a witness;
3. They are working with an expert witness(es) who needs time to complete their review of the evidence, conduct tests etc.;
4. The state hasn’t completed test results yet and they then want to test the DNA, drugs, paraphernalia, etc. themselves;
5. They are having a hard time getting a witness to cooperate;
6. Supression issues. This would be based upon a faulty search warrant, no probable cause for a stop or search, etc.
7. They need time to prepare a motion to suppress, motion to dismiss, motion to amend, etc. In short, they need to time to prepare a challenge to the scope of the charges, severity of the charges, amount or class of the charges, etc. These motions may be evidentiary in nature or based upon constitutional or statutory violations by law enforcement;
7. Medical or mental health issues of the defendant or a critical witness;
8. The state and the defense experts are having a hard time coordinating evidence;
9. Delay. This may be done in the hopes that a victim or witness gets frustrated, gives up and/or decides not to cooperate anymore. Of course, they would have to present some valid basis for the delay outside of delay itself to get a judge to accept repeated continuances;
10. Conflicts with witness, expert, counsel and/or the judge’s calendar. It is difficult to get everyone on board for a multi-day trial. Sometimes you simply have to agree to waive a speedy trial so that all the pieces of the puzzle can be present; and/or
11. The defendant is trying to complete drug/alcohol treatment in hopes of a more lenient sentence. Similarly, they are trying to get into drug court and the wait is such they need to waive in order to be considered.

There are more reasons but the above are fairly commons reasons a defendant would waive his orher right to a speedy trial.

Hello Rotndad. Hope and wish that TM and you are well.

The right to a speedy trial rests on the defendant. For the government, it is an obligation.

Two main circumstances for waiver. Defense work not finished and the hope that a main witness will not show up for trial and therefore the case could be dismissed.

That basically covers it although there are other reasons for a defendant to waive it. All on a case-by-case basis.

Best,

What did you do?

I have nothing to add to what Chicago, BB, or jehzsa said. Pretty much covers it.

In my limited criminal defense practice, I have only waived speedy trial as a contingency of a plea deal for the reason Chicago explained.

-Rob

The only other reason I would add to the above: the state’s case rarely gets better with time but the defense’s often does.

Well, if I were judge, (and many people thank their god that I am not*), i'd "wave, speedily" as I fast tracked his ass to the graybar hotel, the chair, or whatever was available.


*
"Now I lay me down to sleep, and thank you that sigmonky is not a fucking judge, having access to "the football", or anything that is sharper than a spoon!!! Amen!"

Yeah, I can't rhyme worth a shit, either.

quote:

Originally posted by sigmonkey:
Well, if I were judge, (and many people thank their god that I am not*), i'd "wave, speedily" as I fast tracked his ass to the graybar hotel, the chair, or whatever was available.


*
"Now I lay me down to sleep, and thank you that sigmonky is not a fucking judge, having access to "the football", or anything that is sharper than a spoon!!! Amen!"

Yeah, I can't rhyme worth a shit, either.

You and me both, brother. I'd have the gallows, Ol' Sparky and a gas chamber set up just outside the courtroom and play Monty Hall with the condemned...Would you like door number 1...