ANSWERS: 1
  • The exact time limits will vary from state to state, but your brother has a right to a speedy trial. After a hung jury (mistrial), the clock resets and another trial must be set within the required time. For example, in California, it would be within 60 calendar days. HOWEVER, it can be set beyond the time limits if he waives time (waives his right to a speedy trial). If it has really been that long, I'm sure he waived his speedy trial rights at some point. The crime is serious - maybe he and his attorney decided it would be best to take time to prepare or there are other reasons why it's been delayed. Bottom line - he has speedy trial rights, but he can waive that right and continue the case for quite some time if the judge allows. Ask your brother if he's waived time.

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