Legal Question in Criminal Law in South Carolina

Re: A right to a fast and speedy trial.

Its not uncommon for a person to remain in jail for well over a year before they have a trial. Your right, a person does in fact have a right to a speedy trial. However, the defendant's attorney must notify the solicitor in writting that they are exercising that right. Then the case will usually come to court sooner. A lot of defendants and their attorneys prefer to let the defefendant sit in jail and not push the case to court. In do that, there is a stronger chance that witnesses will be harder to find, or may no longer wish to come testify, etc. Also, if the person is found guilty, then the attorney at sentencing can argue for a shorter prison term since the defendant already spent considerable time in jail.