Q: What should I do if I believe that my husbands sixth amendment has been violated ?
My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated
A: There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no bearing on pretrial proceedings. If he has not had the initial bail reviewed, he should request the same.
A: He has not been denied a speedy trial, at least not yet, and certainly not of a Constitutional dimension. His pretrial release on bond may be reviewed, and the length of delay in bringing his case to trial may at some point factor into his continued detention awaiting the courts to reopen, but the only speedy trial rights implicated so far is the speculative question of whether Maryland's 180 day trial rule--which is procedural, not Constitutional--will be violated. There is no hard and fast time frame for bringing a defendant to trial under the Constitutional speedy trial right, and typically that does not even begin to be an issue until more than a year has passed. Maryland's 180 "Hicks" rule in the circuit court can be extended when a judge determines there is good cause--and the present pandemic and emergency suspension of operation and trials will qualify for good cause. The delay under the current suspension will be about 2-1/2 months, which does not preclude your husband from having his case scheduled within the 180 days, or shortly thereafter. That does not mean he cannot seek review of his continued detention and request pretrial release on bond, possibly supervised to home detention on ankle monitoring. You do not state what he is charged with, but if with a serious violent crime, then release may not be an option.
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