Full question:
In Louisiana is it my right to a speedy trial or do I have to motion for it with the court be for rules apply ?
- Category: Criminal
- Subcategory: Speedy Trial
- Date:
- State: Louisiana
Answer:
A right to a speedy trial automatically exists as a matter of law, but sometimes a defendant files a motion to complain that the right has been violated. Speedy trial rights are governed by state statute as well as federal constitutional law. The Sixth Amendment to the U.S. Constitution guarantees all persons accused of criminal wrongdoing the right to a speedy trial. The Supreme Court stated four factors that must be considered and balanced in determining whether a speedy trial violation has occurred under the Sixth Amendment. Those factors are length of the delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.
Each state has a statute or constitutional provision limiting the time an accused person may be held before trial (eg. 45 days). Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver.
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.
