Speedy Trial 2024 — Landmines and Pitfalls But Now With “Last Chance” Saving Provision

The defendant has a constitutional and statutory right to a “speedy trial.” Delays and continuances are common, and, in most cases, create no speedy-trial problem because they occurred with the agreement or without the objection of the defense. But when substantial speedy-trial problems arise, the stakes can be dire because the remedy is the dismissal of the case, something which can be very difficult to explain to victims and the public. This presentation will review the basic operation of the constitutional and statutory speedy-trial rights as to felonies and will explore best practices in ensuring that continuance entries do their job and toll the speedy-trial clock. The presentation will also discuss the new “last chance” provisions applicable to speedy-trial motion practice that took effect on 4-4-23.
 

• Huge Stakes on Speedy-Trial Issues (3 mins)
• Sources of “Speedy Trial” Protection (and related issues not covered here) (5 mins)
• Constitutional Right — when right attaches to defendant as “accused” (and to what extent) (5 mins)
• Constitutional Right — Barker v. Wingo — Threshold Test & then Four Barker Factors (15 mins)
• Statutory Right — when right attaches to defendant upon “arrest” for felony (5 mins)
• Statutory Right — what charges implicated under Adams-Baker-Sanford test (5 mins)
• Statutory Right — when right detaches and reattaches and how to count (5 mins)
• Statutory Right — Counting 3-for-1 (5 mins)
• Statutory Right — Tolling & Best Practices on Continuances (20 mins)
• Statutory Right - When and How Raised by Defense & New “Last Chance” Provisions (20 mins)
• Conclusion (2 mins)