4 ms·

You have to waive your right to a speedy trial. You cannot be held for years without trial

qingcharles 10mo ago
Sure, that's true. Let's say you file a motion, though. Say the cops beat a false confession out of you. You file a motion to suppress. Now you've stopped the speedy trial clock for a year, maybe two, while the motion is responded to, witnesses and discovery are sought, hearings are had, etc. You're stuck in jail that whole time.
throwforfeds 10mo ago
Yes, but it does happen a lot. The case of Kalief Browder was one of the reasons for all the reforms around bail. [1][2] [1] https://en.wikipedia.org/wiki/Kalief_Browder https://en.wikipedia.org/wiki/Kalief_Browder [2] https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-cash-bail-reform.html https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-c...
AngryData 10mo ago
Just like in theory the cops can't steal your stuff. But in reality there are more than enough ways around such little restrictions unless you are backed up by an expensive and powerful legal team.
SV_BubbleTime 10mo ago
Just fyi, this is from 2021, not could, but did, some up until the day they were pardoned never had a trial. https://www.newsweek.com/accused-capitol-rioters-could-spend-more-year-jail-before-trial-1656894 https://www.newsweek.com/accused-capitol-rioters-could-spend... Or, does this not count for ideological reasons? There are at least some people out there that may be consistent despite tribalism, I suppose.
kagakuninja 10mo ago
I was a jurist on a murder trial. The defendant had spent 1.5 years in jail awaiting his trial. Then went back to jail after the hung jury did not deliver a verdict.
- qingcharles 10mo ago
  1.5 years is low for a murder trial. I would suspect the average is somewhere between 2 and 5 years. A lot of the time, if the defendant knows they are cooked, then they are just holding out for a better plea deal. I've personally met defendants on their ninth year awaiting trial, and during COVID a lot of jails were forced to publish their detainees lists, and I noted some who were over 11 years without a trial.

Sure, that's true. Let's say you file a motion, though. Say the cops beat a false confession out of you. You file a motion to suppress. Now you've stopped the speedy trial clock for a year, maybe two, while the motion is responded to, witnesses and discovery are sought, hearings are had, etc. You're stuck in jail that whole time.

throwforfeds 10mo ago

Yes, but it does happen a lot. The case of Kalief Browder was one of the reasons for all the reforms around bail. [1][2] [1] https://en.wikipedia.org/wiki/Kalief_Browder https://en.wikipedia.org/wiki/Kalief_Browder [2] https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-cash-bail-reform.html https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-c...

AngryData 10mo ago

Just like in theory the cops can't steal your stuff. But in reality there are more than enough ways around such little restrictions unless you are backed up by an expensive and powerful legal team.

SV_BubbleTime 10mo ago

Just fyi, this is from 2021, not could, but did, some up until the day they were pardoned never had a trial. https://www.newsweek.com/accused-capitol-rioters-could-spend-more-year-jail-before-trial-1656894 https://www.newsweek.com/accused-capitol-rioters-could-spend... Or, does this not count for ideological reasons? There are at least some people out there that may be consistent despite tribalism, I suppose.

kagakuninja 10mo ago

I was a jurist on a murder trial. The defendant had spent 1.5 years in jail awaiting his trial. Then went back to jail after the hung jury did not deliver a verdict.

qingcharles 10mo ago
1.5 years is low for a murder trial. I would suspect the average is somewhere between 2 and 5 years. A lot of the time, if the defendant knows they are cooked, then they are just holding out for a better plea deal. I've personally met defendants on their ninth year awaiting trial, and during COVID a lot of jails were forced to publish their detainees lists, and I noted some who were over 11 years without a trial.