Legal Question in Constitutional Law in Massachusetts
Amount of time to Speedy Trial
My father has been in county jail since May 7, 2002, and still has not gone to trial. What length of time is usually considered ''speedy'' for a trial according to the constitution?
2 Answers from Attorneys
Re: Amount of time to Speedy Trial
A speedy trial normally means one commenced within 30 days. A 33-month delay would not be considered "speedy" under any definition of the term.
However, many defendants waive their right to a speedy trial in order to give their attorneys time to better prepare a defense. Even with a waiver the court will usually set a trial date, but those dates can also be moved back if the defense demonstrates a legitimate reason for doing so. This is almost certainly what happened in your father's case, and he cannot complain about a delay that he (or his lawyer) requested.
Re: Amount of time to Speedy Trial
He gave you Calif law.
Depending . . . 12 months is the rule in Mass.
Ask a criminal defense lawyer from Massachusetts.
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