Legal Question in Criminal Law in Tennessee

How long after arrested for possession should you wait before filing speedy trial waiver


Asked on 12/27/17, 8:38 am

1 Answer from Attorneys

That depends on the individual facts of your case.

If a delay in trial will help the defense (perhaps by allowing for more testing of evidence or questioning of witnesses) then the defendant should waive their right to a speedy trial. On the other hand, a delay in trial may result in evidence disappearing or witnesses moving away, or having a less clear memory of what happened.

Only an experienced criminal defense attorney can tell you whether it is to your advantage to waive your right to a speedy trial.

I have had cases where a delay to allow more complicated DNA testing (something called Y-str) proved favorable to the defendant, but then I have had cases where the delay for added testing actually allowed the prosecutor to build a better case.

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Answered on 12/27/17, 8:49 am


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