Re:U.S. Attorney Moves to Dismiss Murder-For-Hire Charges Ag...
by gamblor956 on Tuesday August 14, 2018 @07:34PM
(#17762787)
Judges don't keep a running tally of non-tolled days and poll counsel on whether they want to waive their right to a speedy trial.
You're right, the judges don't. The judge's law clerk(s) do, as should your own lawyer(s). However, please note that not bringing a speedy trial motion is the same thing as waiving that right. The speedy trial right is an asserted right, meaning that you have to actively pursue it. Courts simply don't have the capacity to grant it to everyone, especially since most people waive it anyway.
Judges don't "approve" indictments on the federal level. Indictments (even superseding ones) come from grand juries. Judging by the number of 8th superseding, 9th superseding, and nth superseding (where n has 2 digits) indictments in a number of cases in the literature, this statement would appear to be provably false.
Judges absolutely approve or reject superseding indictments once a defendant has been charged. Whether or not the prosecutor chooses to get a dozen superseding indictments before charging or arraigning a defendant is a very different thing.
But without any cause to dismiss the case, you can be tried and convicted well after the SOL runs, provided you were charged prior. The STA provides the cause.
That's true, but that's not what you're describing. You originally described a prosecutor dismissing charges for some reason, but then not refiling charges before the SOL expires. If the speedy trial right was at issue, the prosecutor would simply ask the defense for a waiver, which the lawyer will usually grant unless there's a reason not to, i.e., client says no or the lawyer is aware the prosecutor has insufficient evidence but given time could acquire it. (The latter will never apply so close to an SOL expiring--if the prosecution doesn't have the evidence after 5/6/7 years, the difference of a few days or weeks won't matter.)
You're right, the judges don't. The judge's law clerk(s) do, as should your own lawyer(s). However, please note that not bringing a speedy trial motion is the same thing as waiving that right. The speedy trial right is an asserted right, meaning that you have to actively pursue it. Courts simply don't have the capacity to grant it to everyone, especially since most people waive it anyway.
Judges don't "approve" indictments on the federal level. Indictments (even superseding ones) come from grand juries. Judging by the number of 8th superseding, 9th superseding, and nth superseding (where n has 2 digits) indictments in a number of cases in the literature, this statement would appear to be provably false.
Judges absolutely approve or reject superseding indictments once a defendant has been charged. Whether or not the prosecutor chooses to get a dozen superseding indictments before charging or arraigning a defendant is a very different thing.
But without any cause to dismiss the case, you can be tried and convicted well after the SOL runs, provided you were charged prior. The STA provides the cause.
That's true, but that's not what you're describing. You originally described a prosecutor dismissing charges for some reason, but then not refiling charges before the SOL expires. If the speedy trial right was at issue, the prosecutor would simply ask the defense for a waiver, which the lawyer will usually grant unless there's a reason not to, i.e., client says no or the lawyer is aware the prosecutor has insufficient evidence but given time could acquire it. (The latter will never apply so close to an SOL expiring--if the prosecution doesn't have the evidence after 5/6/7 years, the difference of a few days or weeks won't matter.)