Q: What are the reasons that a speedy trial can’t happen with a first-degree manslaughter charge?
My husband was charged with second-degree murder. he then went to grand jury testified in the grand jury voted for a nonviolent C felony. A week later, the DA on his case went back to the grand jury, and had them change the vote to a first-degree manslaughter charge. It was said that he could do this because manslaughter was not in the list of charges that the grand jury could’ve voted at week before . We have asked my husband’s lawyer for a speedy trial he says that a speedy trial cannot happen with this case, because a death was involved. I have been told by other lawyers that you can have a speedy trial with a manslaughter charge so my question is what determines whether or not, you can have a speedy trial with a manslaughter charge?
A:
The right to a speedy trial is fundamental, but its application can vary based on the specifics of the case, including the charge of first-degree manslaughter. Typically, the right to a speedy trial means that a defendant cannot be held for an extended period without being tried, but several factors can delay a trial, such as complexity of the case, necessity of lengthy investigations, or legal motions by either party.
In cases involving serious charges like manslaughter, where a death has occurred, trials often require more preparation time for both prosecution and defense. This preparation can include gathering forensic evidence, interviewing witnesses, and possibly dealing with complex legal issues related to the circumstances of the death. While a defendant can request a speedy trial, this request can be balanced against the need to ensure a thorough and fair process.
Your husband's lawyer might have concerns that rushing to trial could be detrimental to building a strong defense, especially in a case involving serious charges like manslaughter. Legal strategy, evidentiary issues, and the readiness of the defense can all influence decisions around timing. If conflicting advice from different lawyers has caused confusion, it could be beneficial to seek a second opinion from another attorney who can provide a fresh perspective based on the specifics of your husband's case.
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