However, there was an appeal not too long ago dismissing a conviction for speedy trial violations because there had been numerous continuances, to which the defendant either objected or didn't agree, and no basis or insufficient basis given.
As the previous attorneys stated, there are so many exceptions and loopholes to the rule, that it is almost meaningless. It is not true that there is no such thing as speedy trial anymore, although it seems that way. If a judge were to sit down and calculate the days that actually count under this rule, he or she would likely only count the initial 44 days between your arraignment and first status conference all other dates would be excluded from a speedy trial calculation.Īs you can see, the way the rule works now - with most delays considered "excluded" from the 90-day period - leaves very little weight behind the right to a speedy trial. The issue of the officer on vacation would likely be considered an "unavoidable circumstance" as well, so those days are also likely excluded. What this rule likely means for you is that the days between your first status conference and all subsequent pretrial conferences were all excluded from the calculation of your 90-day timeframe because these were requested continuances. These include "Continuances" (extensions of court dates) and "Unavoidable or unforeseen circumstances." This subsection lists all the various things that are excluded from the typical 90-day out-of-custody timeline. The part that will affect you the most is CrRLJ 3.3 (e) - Excluded Periods. If you look at this rule, it is actually quite long and involves a number of subsections. The court rule that governs speedy trial rights is Criminal Rule for Courts of Limited Jurisdiction (CrRLJ) 3.3. It is very difficult anymore for any defense attorney to get a case dismissed based on a speedy trial violation. The court rules on speedy trial have been watered down to the degree that they are almost meaningless.
Your attorney is pretty accurate in saying that there is no such thing as a speedy trial anymore. Can anyone tell me how many days i have toward my speedy trial, cause the court rules on this is very confusing I go to trial on thursday, december 28, 2011. the judge quickly stated the motion was denied, but was noted in the record. so my attorney told the judge that i wanted to make a motion to dismiss for speedy trial violation and that he had told me there was no such thing as a speedy trial anymore. At the second pretrial my attorney told me there was no such thing as a speedy trial anymore, but he said he would make a motion. the day after, the first pretrial (november 9, 2011) i reallized 90 days would be up around december 6, 2011, so i made an appointment with my lawyer to discuss my speedy trial rights, he said he would have to look into it. My speedy trial expirarion was never mentioned in court. the judge set the new pretrial for decenmber 21, 2011(day 107) and trial for decem(day 115). i asked my attorney if the prosecutor responded to his email and he said yes and the response was that there would be no deals because i had a deal 15 years ago. At the pretrial, the prosecutor did not confirm the trial and stated to the judge that the arresting officer was gonna be on vacation at that time so the prosecutor needed a continuance. then on november 2, 2011(day 58), there was another status conference, my attorney told me nothing and the case was set for pretrial on novem(day 65) and trial for november 17,2011 (day 72).
at the status conference on octo(day 44), my attorney told me and the court that the prosecutor had not responded to his email that he had sent three weeks earlier, so he asked for a two week continuance so the prosecutor might respond. He then sent an email to the prosecutor to see about making a plea deal. (day 1) I met with my public attorney on sept. Speedy trial rights in washington state? I was arrested for a DUI on septemand was arraigned on september 6, 2011.