Legal Question in Constitutional Law in Washington
Speedy Trial
I have a question I am having trouble getting an answer to, I am hoping you can help me.I live in Washington State
My husband was booked on 2nd degree assault on September 12,2003. He decided to take it to trial. The trial kept getting continued by the prosecution, as the witness they needed were ''going'' on vacation. The prosecution knew this before they asked for continuance. Does this fall into ''unavoidable circumstances'' since it could have been avoided.. Has there been an error regarding his speedy trial rights. He finally went to trial on January 21 2004, over five months later which came back 11 to 1 not guilty. They are considering trying again. Does the defendant need to sign an agreement for continuance and what happens if they dont sign the agreement. Thank you for your time, as we have been financially strapped and the public defenders office is sometimes of little help.
1 Answer from Attorneys
Re: Speedy Trial
Continuances are quite common in criminal trials, and often freely granted. The decision is up to the judge, not the prosecution or the defendant. A delay of 5 months in getting to a felony trial is not at all unusual. They are frequently longer than that. The prosecution has the option of a retrial when the first jury deadlocks.
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