How Long Can I Be Under Supervision Before Trial?

Q: What happens if my trial is delayed?

If your trial is delayed, the court must provide valid reasons for the postponement. Under Utah law, the court must also consider the rights of victims and the need to avoid unnecessary delays. If a continuance is granted, the court is required to document the reasons and efforts made to expedite the trial process.

Q: Can I challenge a delay in my trial?

Yes, you can challenge a delay in your trial. If you believe your right to a speedy trial is being violated, you can raise this issue with the court. Your attorney can file a motion to dismiss the charges or seek a trial date based on the delays. Each case will be evaluated on its specific circumstances.

Full question:

I was arrested on 3/24/10 for prescription fraud. I signed a supervised release agreement with Salt Lake County pretrial services on 3/25/10. I have called in M-F as instructed. Is there a time limit on this kind of supervision before a trial date? Doesn't the constitution give the right to a speedy trial?

Category: Criminal
Subcategory: Speedy Trial
Date: 04/07/2025
State: Utah

Answer:

The delays will be considered by the court on a case-by-case basis, there is no set time limit. The application of the Due Process Clause of the Fourteenth Amendment to criminal prosecutions requires that the accused be given timely notice of the proceedings against him and an opportunity to defend and be heard. The accused must be duly advised of the nature and cause of the accusation against him and have a fair opportunity to defend against it.

Under the Sixth Amendment to the Constitution of the United States, the accused in all criminal prosecutions is guaranteed the right to a speedy trial The Sixth Amendment guarantee is such a basic part of due process that it applies in state criminal cases by virtue of the Fourteenth Amendment. The same right is expressed in similar language in most of the state constitutions.

Please see the following UT statute:

77-38-7. Victim's right to a speedy trial.
(1) In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern a defendant's or minor's right to a speedy trial.
(2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments.
(3) (a) In ruling on any motion by a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy disposition of the case.
(b) If a continuance is granted, the court shall enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.

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.

FAQs

What is the right to a speedy trial?

The right to a speedy trial is guaranteed by the Sixth Amendment of the U.S. Constitution. It ensures that a defendant is tried without unnecessary delays. This right applies to state courts through the Fourteenth Amendment. Each state may have its own laws regarding what constitutes a speedy trial, but generally, the courts must balance the interests of justice and the rights of the accused.

What happens if my trial is delayed?

How does supervised release work before a trial?

Supervised release involves monitoring individuals who are awaiting trial. It typically requires regular check-ins and compliance with specific conditions set by the court. While on supervised release, the individual must adhere to the terms until their trial date, but there is no fixed limit on how long this supervision can last.