Q: is it true that you have to be inditied before able to get a speedy trial for a felony
I’ve been on bond for a year and have not been indited ..or no court date or anything, been asking my “paid attorney”for a speedy trial since day one,because of my innocence. But I do think he knows the law very well. Keep saying cuz of covid but I’m going through a divorce and I’m going to loose my kids if I don’t face my accuser soon.
A: It is true that the right to a speedy trial does not attach until the case is indicted. It is also true that there is no right to a speedy indictment. However, you can usually force an indictment by demanding an Examining Trial to determine probable cause. This is only a good idea in rare circumstances. It is usually better to let them take their sweet time on the indictment because the statute of limitations clock is running. There are extremely rare circumstances where intentional pre-indictment delay can amount to a Due Process violation, but that is typically when a prosecutor is intentionally delaying to gain an unfair advantage... for example if your alibi witness was dying of some horrible disease and they just stalled until your witness was dead.
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