Legal Question in Criminal Law in Georgia
Definition of Speedy Trial
What is the time limit the State of Georgia has when it refers to your "Right to a Speedy Trial". Does signing a statement that gives up my right to a "Trial by Jury", in favor of a "Bench Trial" take away my right to a speedy trial.
1 Answer from Attorneys
Definition of Speedy Trial
I'm licensed in Tennessee and not Georgia, so I'm uncertain whether Georgia has any other state law provisions on the matter, but the right to speedy trial is also guaranteed under the federal constitution... but what it means is extremely flexible.Very few cases are ever dismissed or reversed because of delay, and even then the delay must have in some way harmed the defendant. If were only talking about 6 months or a year, or even 18 months, it is a waste to argue the delay violates the U.S. constitution (though it might violate Georgia law or the state constitution).Now, regaring the second question, no, waiving one right (to a jury trial) does not automatically operate to waive another constitutional right (to speedy trial).
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