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A speedy trial is much slower than you’d probably think. I can’t find specific guidelines for Tennessee beyond having the right to one. The federal guidelines a

A speedy trial is much slower than you’d probably think. I can’t find specific guidelines for Tennessee beyond having the right to one. The federal guidelines are generally 30 days to make a specific charge, and 70 days from then to appear before a judge. That also doesn’t ensure the case goes to trial, just that you’ve had a hearing. Ie you can spend over 3 months in jail before an hearing and still be considered to have had a speedy trial. He’d have to wait til after that period to even file a motion for dismissal on speedy trial grounds, and then wait for the hearing on that to happen. This is part of why plea deals are so common. Even if he were somehow to be convicted, his sentence would probably be less than the speedy trial window. At a certain point, the prosecution will offer to bump it down to some kind of misdemeanor with jail time less than he’s already done so it’s time served. He may as well plead guilty to that because otherwise he’ll keep sitting in jail waiting on a trial and do more time for no reason. There’s no realistic route where he gets compensated for being wrongly prosecuted, even if he goes to trial and is found not guilty. The justice system is deeply, deeply flawed and unjust.

gamblor956 1y ago
At the state level, if a defendant does not waive their right to a speedy trial, the time from being charged (arraignment) to trial is limited by law. It ranges from 30 days for misdemeanors to 6 months for felonies. . In California, the clock for a misdemeanor is 30 days if a defendant is taken into custody, or 45 days if not in custody. For a felony, it's 60 days from arraignment. If the defendant remains in custody after arrest, arraignment must occur within 48 hours of arrest, or on the first business day after the 48-hour period expires if it ends on a weekend or court holiday. If the defendant is freed from custody prior to arraignment, then arraignment can occur at a later date. In NY and most red states, the clock is approximately 6 months for felonies. Due to the longer clock, in many of these states the clock begins when the defendant is taken into custody (or the state has a shorter timeframe for trial for defendants in custody). Florida just changed its laws to make the clock start on arraignment, lengthened the time required for arraignment to 30 days for defendants in custody, and made the speedy trial right an affirmative right that the defendant must specifically assert. Unlike pretty much every other state, the clock also restarts if the prosecutor withdraws and re-files the same charges (in almost every other state, the clock is only started anew for new charges.) FL also made the consequences for violation of these rights a mere dismissal without prejudice. (TLDR: don't get arrested in Florida.) Most defense lawyers will advise clients to waive their speedy trial rights. This is for the lawyer's benefit, not the client's. It allows the lawyer to preserve their negotiating relationship with the prosecutor for future clients. In California, due to the shortened time frames, 99% of the time it is advisable to assert speedy trial rights (especially in felonies, but even in misdemeanors) because the prosecution usually can't get its act together in time. Some forensics can't even be completed in the 60 day window. The defense win rate in proceedings where the defendant asserts their speedy trial rights is so high that prosecutors will always offer a sweetheart plea deal to avoid going to trial. (Of course the obvious solution is for the prosecutors to just wait until they have an actual complete case before filing charges. But if they did that we wouldn't need speedy trial laws in the first place.)

gamblor956 1y ago

At the state level, if a defendant does not waive their right to a speedy trial, the time from being charged (arraignment) to trial is limited by law. It ranges from 30 days for misdemeanors to 6 months for felonies. . In California, the clock for a misdemeanor is 30 days if a defendant is taken into custody, or 45 days if not in custody. For a felony, it's 60 days from arraignment. If the defendant remains in custody after arrest, arraignment must occur within 48 hours of arrest, or on the first business day after the 48-hour period expires if it ends on a weekend or court holiday. If the defendant is freed from custody prior to arraignment, then arraignment can occur at a later date. In NY and most red states, the clock is approximately 6 months for felonies. Due to the longer clock, in many of these states the clock begins when the defendant is taken into custody (or the state has a shorter timeframe for trial for defendants in custody). Florida just changed its laws to make the clock start on arraignment, lengthened the time required for arraignment to 30 days for defendants in custody, and made the speedy trial right an affirmative right that the defendant must specifically assert. Unlike pretty much every other state, the clock also restarts if the prosecutor withdraws and re-files the same charges (in almost every other state, the clock is only started anew for new charges.) FL also made the consequences for violation of these rights a mere dismissal without prejudice. (TLDR: don't get arrested in Florida.) Most defense lawyers will advise clients to waive their speedy trial rights. This is for the lawyer's benefit, not the client's. It allows the lawyer to preserve their negotiating relationship with the prosecutor for future clients. In California, due to the shortened time frames, 99% of the time it is advisable to assert speedy trial rights (especially in felonies, but even in misdemeanors) because the prosecution usually can't get its act together in time. Some forensics can't even be completed in the 60 day window. The defense win rate in proceedings where the defendant asserts their speedy trial rights is so high that prosecutors will always offer a sweetheart plea deal to avoid going to trial. (Of course the obvious solution is for the prosecutors to just wait until they have an actual complete case before filing charges. But if they did that we wouldn't need speedy trial laws in the first place.)