How Long Can I Be Under Supervision Before Trial?
Full Question:
Answer:
The delays will be considered by the court on a case-by-case basis, there is no set time limit. The application of the Due Process Clause of the Fourteenth Amendment to criminal prosecutions requires that the accused be given timely notice of the proceedings against him and an opportunity to defend and be heard. The accused must be duly advised of the nature and cause of the accusation against him and have a fair opportunity to defend against it.
Under the Sixth Amendment to the Constitution of the United States, the accused in all criminal prosecutions is guaranteed the right to a speedy trial The Sixth Amendment guarantee is such a basic part of due process that it applies in state criminal cases by virtue of the Fourteenth Amendment. The same right is expressed in similar language in most of the state constitutions.
Please see the following UT statute:
77-38-7. Victim's right to a speedy trial.
(1) In determining a date for any criminal trial or other important criminal or juvenile justice hearing, the court shall consider the interests of the victim of a crime to a speedy resolution of the charges under the same standards that govern a defendant's or minor's right to a speedy trial.
(2) The victim of a crime has the right to a speedy disposition of the charges free from unwarranted delay caused by or at the behest of the defendant or minor and to prompt and final conclusion of the case after the disposition or conviction and sentence, including prompt and final conclusion of all collateral attacks on dispositions or criminal judgments.
(3) (a) In ruling on any motion by a defendant or minor to continue a previously established trial or other important criminal or juvenile justice hearing, the court shall inquire into the circumstances requiring the delay and consider the interests of the victim of a crime to a speedy disposition of the case.
(b) If a continuance is granted, the court shall enter in the record the specific reason for the continuance and the procedures that have been taken to avoid further delays.
