The fraudster waived his right to a speedy trial, which is good for both parties to build or defend a case.
If you get into trouble with the law, the Sixth Amendment of the U.S. Constitution has your back. One of the protections it offers is the right to a speedy trial. There’s a catch, however. Individual states have the right to decide exactly how fast “speedy” should be. To further complicate the issue, you can waive your right to a speedy trial if you choose.
Interpretation of “Speedy”...
Exactly how quickly your case will get to court depends on where you committed the crime and the level of crime with which you’re charged. In Ohio, if you’re charged with a first or second degree misdemeanor, you case must go to trial within 90 days. This is actually longer than the short two months that California law provides if you’re charged with a felony. On average, however, misdemeanors are typically tried within three months. For felonies, the deadline may be as long as six months in some jurisdictions.
When the Right Is Not Waived...
If you or your attorney doesn’t take steps to waive your right to a speedy trial, the prosecution must prepare its case against you within this short period of time. If the state fails to do so, the prosecutor must go to trial without all his legal ducks in a row or the court can dismiss the case against you. Occasionally, the state may ask for additional time, but the court should not give it if you haven’t waived your right. If the judge does extend the deadline, you may have grounds for an appeal, and if your appeal is successful, the court should drop the charges against you.
Advantages of Waiving the Right...
It might seem like standing on your right to go to trial within a short time and keeping the prosecutor’s feet to the fire is a good idea, but it works both ways. Just as the state has limited time to prepare its case if you don’t waive your right to a speedy trial, so do you and your attorney. It’s actually very common for defendants to waive their Sixth Amendment right to get into court sooner rather than later because this gives them additional time to investigate the prosecution’s case and mount a defense. When a defendant is out on bail anyway, there may be no sense in rushing to trial without adequate preparation.
