Legal Question in Criminal Law in District of Columbia
Defendent rights
Can the prosecution delay a trial indefinitely? If they cannot, should the Defendent request for a hearing?
Asked on 5/20/09, 8:27 am
1 Answer from Attorneys
David Waranch
Law Offices of David R. Waranch, LLC
Re: Defendent rights
The prosecution cannot delay a trial indefinetly. Defendants have a right to speedy trial under both the U.S. Constitution and Maryland Declaration of rights. If your speedy trial right was violated, your attorney can request that the case be dismissed.
The State can delay a trial indefinetly, however, if you agree to give up your right to a speedy trial. This happens often if the Defendant is offered what is know as a "stet" and the case is placed on an inactive docket.
Hope this helps.
David
Answered on 5/20/09, 9:21 am