Atlanta, GA asked in Criminal Law and Constitutional Law for Georgia

Q: If you file a motion for speedy trial for armed robbery in Atlanta GA Fulton county in apirl 26th 2013 it was granted

May 1st 2013 when do you suppose to be brought to trial or you shall be acquitted and discharged

1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: A defendant's constitutional right to speedy trial can be determined only on an ad hoc basis in which the conduct of the prosecution and the defendant are weighed and balanced; among factors which courts should assess in determining whether a particular defendant has been deprived of his rights are length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.

Barker v. Wingo, 407 U.S. 514, 92 S. Ct. 2182, 33 L. Ed. 2d 101 (1972)

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