Legal Question in Criminal Law in Colorado
Speedy Trial Laws
So the basics it's a rape case the victim was 16 at the time and the person was her stepfather. Case was supposed to go to trial in a few months and today we found out that the accused waived his right to a speedy trial. What does this mean for the accused and for the victim?
2 Answers from Attorneys
Re: Speedy Trial Laws
It doesn't mean the state has forever to get to trial. It does mean that the clock is reset on the time the state has.
For example, on a felony charge the state has six months to bring the defendant to trial after a plea of not guilty. When a defendant waives speedy trial after asking for a continuance of a scheduled trial, the six months starts all over again from the date of the continuance.
Re: Speedy Trial Laws
The waiver of speedy is required for many reasons, like the delay in awaiting a sex offense evaluation, or a polygraph. If the defendant thinks those will help, he will waive speedy so that he has the time to get them done. For the defendant, it means he is keeping his options open. For the victim, it means nothing. She will still be allowed to speak at sentencing, whether that is next month or next year.
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