Regardless of the charges, as an American, you have the right to a speedy trial. As an experienced Denver criminal defense attorney who cares deeply about each one of his cases, Jeff Weeden can determine the best possible course of action for your case, whether that involves invoking your right to a speedy trial or waiving it. When formally charged, requesting a speedy trial calculator provides a general guideline as to when your trial could be.
Colorado Revised Statute 18-1-405
Most Americans associate the 6th Amendment with the “Speedy Trial Clause”. This amendment guarantees certain protections to criminal defendants, including the following rights. The right to:
- a public trial without unnecessary delay
- have an attorney
- an impartial jury
- know who the accusers are
Although these protections are extremely important, the crucial detail of “how speedy” seems to be missing. When weeks spent waiting become more difficult to endure, some may find themselves wondering just what is and isn’t “speedy.”
97% of cases are resolved without these procedural protections. However, the rules prevent any case from languishing in the justice system for an unconscionable period of time. The chance to go before a judge to prove innocence is a constitutional right.
Speedy Trial Defense Options
After the state formally charges the defendant, as a criminal defense attorney, I have two options:
- we can demand a speedy trial or
- we can waive the right to a speedy trial.
Benefits may certainly exist for both of these strategies. However, typically, the goal is to avoid a trial altogether.
Finding a criminal defense attorney who specializes in positioning the client for the best possible plea bargain, if guilty, will be in the defendant’s best interest. Whether it’s a good idea to waive this right depends entirely on the facts surrounding the case, but more often than not, it isn’t.
Why Would I Waive My Right to a Speedy Trial?
If you don’t waive your right to a speedy trial, the judge will set your case to be tried within the legal time frame. This time frame is usually insufficient to access the resources needed to prepare a quality defense for your case.
For high-profile cases, it is beneficial to wait until the public’s attention has died down to hold a trial. Remember that judges and prosecutors are elected officials and can be swayed by public opinion.
Most cases will require negotiations. If you force the state to prepare for your trial in a short amount of time, they will not be as willing to negotiate.
Using the Speedy Trial Calculator
Very few cases exist where I would recommend using a speedy trial calculator and pushing for your “speedy trial” date. However, waiving your right to a speedy trial has to be done with your full consent.
As a criminal defense attorney, I always want what’s best for each client. Therefore, if I ask a client to waive the right, it’s in their best interest to do so. The speedy trial calculator can give you a rough estimate of when you can expect a trial. This is if you choose to enforce your right to a speedy trial in Colorado. The facts surrounding each case will pose a different plan of action. So, I strongly recommend speaking to a solid criminal defense attorney before you make any decisions that could potentially affect the rest of your life.
In Colorado, when either party requests and receives a continuation, the six-month period simply restarts. When this happens, you can still request the speedy trial calculator to estimate your new court date.
Demanding a Speedy Trial
After the state files charges, we can demand a speedy trial at any given point. Once I demand a speedy trial on behalf of my client, the motions and depositions cease. Typically, within 5 business days, you can expect to stand before a judge.
Demanding a speedy trial forces the State to move quickly. In DUI cases, for instance, the State may not be able to enter blood or urine tests on time. In this case, having charges dismissed or dropped becomes infinitely easier.
Making a demand for a speedy trial forces the case to a speedy head and resolves the case quickly. This decision is one that should be taken with extreme caution. Only a seasoned criminal defense attorney should make, based on experience.
Speedy Trial Calculator and Colorado’s Best Criminal Defense
At WeedenLaw, I pride myself on responding to questions as soon as I can. I never want my clients to feel like they are bothering me. Instead, I feel as if open communication between myself and my client is a critical piece for creating a successful defense strategy.
If you’ve been charged, or if you just want to make sure your rights are protected, WeedenLaw can help. We successfully defend people just like you. Jeff Weeden has the experience necessary to win, regardless of where you are in your case, currently.
The accused should always be well informed. The speedy trial calculator can undoubtedly help you understand exactly what your rights are.
For a free initial consultation, call 720.307.4330. WeedenLaw answers 24/7 and accepts collect calls from inmates.
