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The speedy trial act requires that a criminal defendant must be tried within 70 days of the filling of the indictment or the defendants first appearance in the district where the charges are pending.
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. If the defendant is denied bail or cannot pay the bail amount, they will remain in jail until their trial date.
A: The First Appearance setting (usually 21-30 days from arrest) gives the County Attorney time to review the case and file the formal charge.
After the indictment, the defendant is arraigned in the New York City Criminal Court. At this time, with the assistance of a defense attorney, the defendant may enter a plea of guilty or not guilty to the charges against him/her.
The federal Speedy Trial Act provides some instruction for federal cases. 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.
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It can take six months to a year to actually get a misdemeanor case to trial in New York. You may end up returning to court many times before your actual trial date.
When theres a felony charge, in New York State a person doesnt go to trial on a felony unless and until theres an indictment. Technically, what the indictment is just the formal felony charge that a defendant is going to trial on.
Three years for felonies; and. Two years for misdemeanors.
In terms of a trial date, the U.S. Constitution and the constitution of individual states guarantee defendants the right to a speedy trial. For felony cases, this means defendants have the right to have a case be brought to trial within 60 days after the date of the arraignment.
The test requires the court to consider the length of the delay, the cause of the delay, the defendants assertion of his right to a speedy trial, and the presence or absence of prejudice resulting from the delay. Barker, 407 U.S. at 530-533. In United States v.

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