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What is considered a speedy trial in Louisiana?

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

What is an example of a speedy trial?

For example, it requires formal charges to be brought within 30 days of an arrest. One of the main reasons for the right to a speedy trial is to prevent a defendant from being held in custody for a long time, only to eventually be found innocent.

How long does the DA have to file charges in Louisiana?

If you are in jail, the District Attorney must file charges within 45 days of your arrest. If you have bonded from jail, the District Attorney must file charges within 90 days of your arrest.

Why is a speedy trial so important?

The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the alleged crime and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost.

What is considered a speedy trial in Louisiana?

(a) The trial of a defendant charged with a felony shall commence within one hundred twenty days if he is continued in custody and within one hundred eighty days if he is not continued in custody.

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What is a 701 motion in Louisiana?

Both the defendant and the State have the right to a speedy trial, as outlined in Article 701 of the Louisiana Code of Criminal Procedure. A defendants motion for a speedy trial must be accompanied by an affidavit from the defendants counsel docHubing that the defendant and counsel are prepared to proceed to trial.

How long can a felony charge be pending in Louisiana?

The general time limits are: six years for felonies punishable by hard labor.

How long can you be held in jail without bond in Louisiana?

If you cannot make bond, then the district attorney has 45 days on misdemeanors and 90 days on felonies to decide whether to accept your case. The period can be longer for certain offenses such as murder or aggravated rape.

How long can a felony charge be pending in Louisiana?

The general time limits are: six years for felonies punishable by hard labor.

How long is a speedy trial in Louisiana?

A motion for a speedy trial filed by the defendant, but not verified by the affidavit of his counsel, shall be set for contradictory hearing within thirty days.

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