Legal Question in Constitutional Law in Nebraska
what does the government define as a ''speedy trial''
i keep hearing of these cases that take years to take place. i know that it is most likely the defense that moves for continuances but can the prosecution move for the same? does the ''fair and speedy trial clause only mean the defendant most see a judge (as in an arraignment) or does it refer to the actual trial?
1 Answer from Attorneys
Re: what does the government define as a ''speedy trial''
A speedy trial means a speedy trial and not just a speedy arraignment. But a speedy trial is not a requirement, and there is no need to bring a motion when a defendant wants more time. Defendants can -- and often do -- waive their right to a speedy trial in order to give their lawyers more time to prepare. The prosecution cannot get around this right but, once a defendant has waived it, either side can seek additional time.