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When does a speedy trial apply?

On Behalf of | May 19, 2021 | Uncategorized |

The right to a speedy trial applies to criminal proceedings in Mississippi and across the United States. While residents of the state of Mississippi undoubtedly have heard reference made to the requirement of speedy trial, many people do not know the specifics of this constitutionally promised right.

Speedy trial timeframes

Both Mississippi and federal criminal law establish specifics regarding a speedy trial. For example, federal law applicable in Mississippi requires the commencement of a trial in U.S. District Court to commence 70 days from the filing of an indictment or information.

There are also protections for a defendant against a trial commencing too quickly. Under federal law, a trial cannot commence within the 30 days following a defendant’s first appearance in court.

Waiver of a speedy trial

Depending strategic considerations and other factors, a defendant in a state or federal criminal case in Mississippi may elect to waive the right to speedy trial. This can happen for a variety of reasons, including a complicated case that necessitates considerable time to be expended in preparation by a criminal defense attorney.

Violation of the right to a speedy trial

If a defendant’s right to speedy trial has been violated, that person has recourse. In fact, a violation of speedy trial can result in the dismissal of a particular criminal case. This may not mean that another prosecution will be initiated depending on the specific facts and circumstances at hand.

Consulting with a criminal defense attorney may assist individuals in understanding the speedy trial mandate and other legal rights. An experienced lawyer may explain when and how to assert important constitutional and legal rights like those associated with speedy trial.