8 ms·
My state, like many, defines a speedy criminal trail as the trial commencing any time within 5 years of being charged...
by giantg2 9mo ago
My state, like many, defines a speedy criminal trail as the trial commencing any time within 5 years of being charged...
- dmix 9mo agoIn Canada there was a big court case in 2016 over the civil right of "right to a speedy trial" where the courts said it had to be within 18 months for charges in provincial courts, which is where most crime ends up. During COVID there was a giant backlog of trials created and a criminal lawyer I know told me half of her clients in recent years got their cases stayed (thrown out) because of this backlog. This apparently happened all over the country and included tons people who were charged for violent crimes. https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/16057/index.do https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/16057/i...
- Scoundreller 9mo agoOnly applies when it’s the state vs you. Whether a crime or a parking ticket (the real kind, not the extrajudicial “administrative penalties” they’re all moving to) If you want to sue someone in Canada, it can still take years.
- giantg2 9mo agoI'd call that working as intended. The government is the one who shut down the courts. They could have implemented safety precautions and staffed up to handle the backlog.
- dmix 9mo agoAgreed, but it is not a well known fact sadly.
- Thorrez 9mo agoDo you have a source for that? I can't find anything online about a state with a definition that long.
- giantg2 9mo agoThe definition isn't that long. The definition is usually something like 1 year at the state level. But then the rules allow large chunks of time to be excluded from that 1 year requirement, like time waiting for a court doctor to declare someone competent, finding a witness, etc. In all my jury duty selections, the crime was committed 2-3 years before the trial commenced.