ANSWERS: 2
  • The Supreme Court has set out a four part test to determine when a trial is not speedy, but they never proscribed a specific time frame. However, they did say that any delay over a year is presumptively a violation of the Sixth Amendment. However, this is rarely an issue because most defendants waive their right to a speedy trial. When a defendant does not waive their right, they are usually scheduled for trial within a few weeks. This is usually not enough time to prepare a defense. Thus, almost everyone waives their right to a speedy trial.
  • The accused can tell his attorney he wants a speedy trial, and then the attorney will give him advice, based on what is best for his defense.

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