Understanding Your Right to a Speedy Trial in Hall County, Georgia
In Georgia, it is critical to understand that there are actually two sources of your right to a speedy trial: (1) Constitutional Speedy trial right; and (2) Georgia statutory speedy trial right.
The Constitutional Speedy Trial Right
The 6th Amendment to the United States Constitution holds that, “(i)n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.”
The right to a speedy trial is considered to be fundamental to anyone accused of a crime, and it exists to prevent accused persons from being incarcerated for a crime they may not even be guilty of.
At Brett Willis Law, we have defended thousands of citizens who were accused of committing a crime (see our Client Stories page to see check out our past results). If you are facing criminal charges, having competent legal representation on your side is essential. Call (770) 249-4405 to schedule a free consultation.
What Factors Do Hall County Courts Consider a Motion to Dismiss based on a Constitutional Speedy Trial Violation?
While the Constitution is clear that the accused has a right to a “speedy” trial, it does not clarify what speedy means. There are some criteria most courts will consider when deciding whether or not the accused's right to a speedy trial has been violated. These include:
- How long the trial was delayed
- The reason the trial was delayed
- Whether or not the delay compromised the accused's defense
- Whether or not the accused has asserted their right to a speedy trial
The Georgia Statutory Right to a Speedy Trial
In other words, if your lawyer files a statutory demand for speedy trial, the government has to hold a trial on your case before the next term of court ends. If the government does not take your case to trial before the end of the next term of court -- your case is dismissed. You win!
What is a "term of court" in Gainesville, Hall County Georgia?
"The terms of court for the superior courts for each of the judicial circuits shall commence as follows:
(26) Northeastern Circuit:
How We Use Speedy Trial to Your Advantage
A lawyer seeking to use their client's speedy trial rights to their advantage can file both: (1) a Constitutional Speedy Trial Demand; and (2) a Statutory Demand for a Speedy Trial. If the lawyer does not know that there are two speedy trial rights to file, they are missing out on a major issue that could be exploited to their client's benefit.
Consequences of Speedy Trial Violations in Hall County
When a defendant can prove that their right to a speedy trial has been violated, it may cause their indictment dismissed.
To ensure you move through the criminal justice system fairly, you should retain counsel as soon as possible. Call Brett Willis Law today at (770) 249-4405 or contact us online to schedule a free consultation.