Legal Question in Criminal Law in Mississippi
how long do i have to wait to get a court date or get indicted before i can call on my 6th amendment right to a speedy trial
Asked on 11/07/11, 11:00 pm
1 Answer from Attorneys
Wayne Woodall
Wayne Woodall Attorney
IF YOU ARE SMART YOU WILL GO TO THE LOCAL CITY OR JUSTICE COURT (DEPENDING ON THE JURISDICTION OF THE ARREST - IN THE CITY OR OUTSIDE THE CITY) AND FILE A "MOTION FOR SPEEDY TRIAL" TELLING THE COURT YOU WISH TO ASSERT YOUR RIGHTS TO A SPEEDY TRIAL AT THIS TIME. OTHERWISE THE DELAYS ENCOUNTERED BY THE DISTRICT ATTORNEY WILL NOT BE "COUNTED" FOR SPEEDY TRIAL PURPOSES UNTIL AFTER INDICTMENT AND ARRAIGNMENT (ENTRY OF A PLEA OF NOT GUILTY ONCE INDICTED). IF ONE FILES THIS MOTION PRE-TRIAL THE COURTS WILL HAVE TO HONOR THE RIGHTS FROM THAT POINT FORWARD.
Answered on 11/08/11, 6:10 am
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