Legal Question in Criminal Law in Colorado

Re: right to speedy trial

Your public defender can answer all these questions for you. He has your file, loaded with information unavailable to any of us in cyberspace.

You certainly don't have to waive your right to speedy trial, but if your new attorney just got the case 23 days before your trial, you might want to consider whether it is in your best interests to go ahead and have your trial with a public defender who is juggling 300 cases and may well need more time than that to prepare.

It is generally better for the defense to delay trial as long as possible, unless you're sitting in jail awaiting that trial. But it's your choice.

That said, generally a defendant must be brought to trial within six months from the date he or she enters a plea of not guilty. However, any continuances sought by the defense do not count in that time. From what you say, it sounds like you, through your attorney, have requested at least two continuances.

A dispositional hearing, if you're an adult, is held to evaluate your case and any potential resolution, such as a plea bargain. If you're a juvenile, it generally is to determine custody pending trial.

Re: right to speedy trial

By statute, in Colorado you must be tried within 6 monhs or charges are to be dismissed. The 6 month period starts once a "not guilty" plea is entered. If you are still awaiting a dispositional hearing, a "not guilty" plea has likely not yet been entered into the record on your case. Just telling the Court that you are not guilty is not the same thing. Once you have that plea entered, the six months will begin. Starting that clock will hamstring your public defender, however. If you are in jail you may have a constitional speedy argument. If you have bonded out of jail, your speedy trial argument is significantly weaker.