Full question:
My little sister was arrested for probation violation. She has been in jail for a month and still has no court date. Does the jail have the right to do that?
- Category: Criminal
- Subcategory: Speedy Trial
- Date:
- State: Arizona
Answer:
Speedy trial rights are governed by both state law and federal constitutional law. The U.S. Supreme Court identified four factors to consider when determining if a speedy trial violation has occurred under the Sixth Amendment. These factors include: the length of the delay, the reason for the delay, the defendant's assertion of their right, and any prejudice to the defendant.
In Arizona, under Rule 8 of the Arizona Rules of Criminal Procedure, individuals in custody have a right to a speedy trial. This means they should be tried within 150 days of arrest if they are in jail. If they are not in custody, the time limit is 180 days. Here are the key points from Rule 8:
- Defendants in custody: Must be tried within 150 days from arraignment.
- Defendants released from custody: Must be tried within 180 days from arraignment.
- Complex cases: May have longer time limits, up to 270 days or even 18 months for capital cases.
Delays caused by the defendant or other specific circumstances may extend these time limits. If your sister has been in jail for a month without a court date, it’s important to check if her case falls within these time limits and whether any delays have been justified under the rules.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.