Q: Is it legal for my lawyer to waive Speedy Trial time without my knowledge?
I recently discovered that my lawyer signed a waiver to stop the Speedy Trial time without my knowledge because he believed it was in my best interest. The state had six months to indict me. Is it legal for my lawyer to make such a decision without informing me first?
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A:
In most cases, a lawyer should not make significant decisions about your case, such as waiving the Speedy Trial time, without discussing it with you first. The Speedy Trial rule ensures that a defendant’s case is tried in a reasonable amount of time, and waiving that right is a critical decision. While your lawyer may have thought this would benefit your case, they are generally required to keep you informed and seek your input before making such a waiver.
If you were not informed about the waiver, this could be a potential issue, as you have the right to make decisions about your case, especially when it involves your constitutional rights. A lawyer's duty is to advise you and explain the potential consequences of decisions like waiving your Speedy Trial rights. If you feel that your lawyer overstepped by making this decision without your consent, you may want to discuss your concerns with them.
In some cases, a waiver of the Speedy Trial may be seen as a strategic move, but it’s important that you understand why it was done and agree with the decision. If you feel this was done improperly, you might want to consider seeking a second opinion or discussing your options with another attorney to ensure your rights are protected moving forward.
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