Is my sister entitled to a speedy court day since she is in jail on a probation violation?
Full Question:
Answer:
Speedy trial rights are governed by state statute as well as federal constitutional law. The Supreme Court stated four factors that must be considered and balanced in determining whether a speedy trial violation has occurred under the Sixth Amendment. Those factors are length of the delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant. For both felony and misdemeanor charges, under Rule 8 of the Arizona Rules of Criminal Procedure, you have a right to a speedy trial, which means that you must be tried within 150 (in custody) or 180 (out of custody) days of arrest if you are in jail.
Please see the statutes below for applicability of state speedy trial rights:
Rule 8.2. Time Limits.
a. General. Subject to the provisions of Rule 8.4, every person against
whom an indictment, information or complaint is filed shall be tried by
the court having jurisdiction of the offense within the following time
periods:
(1) Defendants in custody. 150 days from arraignment if the person is
held in custody, except as provided in subsection (a), paragraph (3) of
this section.
(2) Defendants released from custody. 180 days from arraignment if
the person is released under Rule 7, except as provided in subsection
(a), paragraph (3) of this section.
(3) Complex cases. 270 days from arraignment if the person is charged
with any of the following:
(i) First degree murder, except as provided in paragraph (a)(4) of
this rule;
(ii) Offenses that will require the court to consider evidence
obtained as the result of an order permitting the interception of wire,
electronic or oral communication;
(iii) Any complex cases as determined by a written factual finding
by the court.
(4) Capital Cases. Eighteen months from arraignment, if the state
files a notice of intent to seek the death penalty.
b. Waiver of appearance at arraignment. If a person has waived an
appearance at arraignment pursuant to Rule 14.2, the date of the
arraignment held without the defendant's presence shall be considered the
arraignment date for purposes of subsection (a), paragraphs (1), (2),
(3), and (4) of this rule.
c. New trial. A trial ordered after a mistrial or upon a motion for a
new trial shall commence within 60 days of the entry of the order of the
court. A trial ordered upon the reversal of a judgment by an appellate
court shall commence within 90 days of the service of the mandate of the
Appellate Court.
d. Extension of time limits. These time limits may be extended pursuant
to Rule 8.5.
e. Trial dates. In all superior court cases except those in which Rule
8 has been suspended pursuant to Rule 8.1(e), the court shall, either at
the time of arraignment in superior court or at a pretrial conference,
set a trial date for time certain.
Rule 8.4. Excluded periods.
The following periods shall be excluded from the computation of the
time limits set forth in Rules 8.2 and 8.3:
a. Delays occasioned by or on behalf of the defendant, including, but
not limited to, delays caused by an examination and hearing to determine
competency or mental retardation, the defendant's absence or
incompetence, or his or her inability to be arrested or taken into
custody in Arizona.
b. Delays resulting from a remand for new probable cause
determination under Rules 5.5 or 12.9.
c. Delays resulting from extension of the time for disclosure under
Rule 15.6.
