Speedy trial rights

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Thus, a state practice permitting a prosecutor to take nolle prosequi with leave, which discharged an indicted defendant from custody but left him subject at any time thereafter to prosecution at the discretion of the prosecutor, was condemned as violating the guarantee of a speedy trial. In Pollard v. United States, U. The Court has, however, distinguished the concluding phase of a criminal prosecution—or the period between conviction and sentencing—from earlier phases involving 1 the investigation to determine whether to arrest a suspect and bring charges and 2 the period between when charges are brought and when the defendant is convicted upon trial or a guilty plea.

Montana , S. In Betterman v. The Court reached this conclusion, in part, by analogizing the speedy trial right to other protections that cease to apply upon conviction.

At the same time, the Court did not view the reliance on plea agreements, instead of trials, in the contemporary criminal justice system as requiring a different outcome, noting that there are other protections against excessive delays in sentencing available to defendants, including the Due Process Clause and Federal Rule of Criminal Procure 32 b 1. The majority in Betterman did not address how a due process claim for an allegedly excessive delay in sentencing should be analyzed.

Protect Your Rights. Shooting with Intent to Kill. Drug Crimes. Possession with Intent to Distribute. Trafficking in Illegal Drugs. Theft Crimes. Assault and Battery. Domestic Assault and Battery. Sexual Assault and Battery. Child Abuse. Child Neglect. Child Sexual Abuse. Speedy Trial Rights. Admissibility of Evidence in Criminal Cases. Criminal Appeals. Motions for a New Trial in Criminal Cases.

Competency to Stand Trial for Criminal Defendants. Continuances in Criminal Cases. Judgments of Acquittal in Criminal Trials. Joint Trials for Criminal Defendants. Immigration Removal Proceedings and Criminal Law. Miranda Rights for Criminal Suspects. Right to Record Police Officers.

Arrests and Arrest Warrants. Constitutional Rights in Criminal Proceedings. Discovery in Criminal Cases. Hearsay in Criminal Cases. Stages of a Criminal Case.