Overheard the following:

Everyone is presumed innocent until proven guilty.
Everyone has the right to a speedy trial by one's peers.

However this does not apply to all? Is this so?
How long can they keep someone in jail, without a trial? How long is too long? what happens if person incarcerated is found innocent?

That's Heavy...

I used to be a Deputy in Corrections. We had a guy that sat for 8 years awaiting trial. He was found guilty,and has 3 life sentences.

If they're found innocent, they are released shortly thereafter. If they want to sue the department responsible for incarcerating them, that is their right.

thanks for your reply, not condoning nor excusing any illegal acts, but I am curious now.

How long is too long to keep someone in jail before they see a courtroom/trial?

If innocent (devil's advocate) they can sue what department, the DOC? the prosecution? what about the time they lost?

Bringing me back to how long is too long before the case gets attention?

Ohh Fran.

You have the right to a speedy trial by a jury of your peers, unless you waive the right to that speedy trial for a variety of reasons. Each states varies as to the time frame. Most waive the right to a speedy trial to have a time to prepare a case.

Many are released on bail before the trial and others held without due to safety or flight risks. That is how they can stay in jail for such a long time.

I'm a Correctional Officer. The right to a speedy trial depends on the amount of cases before yours and the gravity of the offense. How much evidence is required by both sides etc.
As far as how long someone can be jailed before trial, Most defendants are given a price for bail. If they can make it, Thay can be free until trial. Again it depends on the gravity of the offense and or if they're a flight risk.

Does that help at all?

They can sue for wrongful conviction, sure. But public safety and due diligence of the law supercedes an individual's rights there, as long as he was not mistreated or discriminated against it is a "Sorry Charlie" situation.

In that particular case, the man kept asking for delays. He was trying to get the witnesses killed before his trial. He failed, luckily. The county jail is only the holding facility, unless he was actually arrested by Sheriffs, then he would have to sue the individual city , town, village,or municipality that arrested him, unless, again, it was on a warrant. The issuing city of that warrant would be the ones to be sued.

Unless the DOC broke the law, you cannot sue them due to the fact that the city is responsible for the arrest that put the person behind bars.

If no motion for a speedy trial is presented before a judge, a person could wait an amount of time longer than the penalty for breaking the law itself.. Screwy, isn't it?

Thanks Lilith, so if the defendant waives their right to a speedy trial (verbatum) then he can rot in jail (if his bail was denied) until when... follow??

Truly curious because of scenario I overheard.

Defendant did not waive his right to a speedy trial, has private attorney yet has sat in jail for 2 years and case has not come up. Only goes to court to get case adjourned (every time).

When is enough, enough?

If found guilty, convict him to serve x amt of yrs.

If found innocent, release him. (does he get compensated?

thanks for your patience and help

are the cases seen on a fifo system (first in/first out)

are they seen on a felony / misdemeanor system?

would a person being incarcerated and found innocent in the long run be mistreatment?

Both sides tend to file motions, and extensions. I'm on vacation, I filed a motion but I need to schedule a hearing.... the depositions were cancelled due to plane tickets and need rescheduled.

The case can drag on and on until someone gets tired of it. If this dude is still sitting in jail, trust me he waived his right to a speedy trial. The statute is always months, not years. If he is found innocent, he does not get compensated. He waived his right. I'd almost bet $ on it.

No.

wow, that sucks!! one must present a motion for a speedy trial to a judge yikes!!!!!!

Thank Lil, the statutue is always months not years.

Would you happen to know where I can research this??? my mind is like a sponge now I want facts

Not exactly. That just notifies the judge that the defense believes that both they, and the prosecution have had ample time to establish whatever facts they need for the trial, and that it "should" be a go.

Fran, I do believe that you only file a speedy trial application in civil cases, but that you hae the right to a speedy one in criminal cases.

In fact, if continuances are made in court, the opposing counsel must agree to said continuance as to not do so violates the speedy trial rights of the defendant.

Common sense tells me the crime dictates the amt of time needed to prepare, that makes sense...

Murder would take longer to prepare than an auto accident (for example)

But my curiosity has gotten the best of me - arent these 2 defendants given the same rights.

Speedy trial rights in Florida:

http://www.law.com/jsp/article.jsp?id=1119270949494

Since the Bill of Rights was ratified in 1791, criminal defendants have had the right to a speedy and public trial.

Under Florida's rules of criminal procedure, every person charged with a felony must be brought to trial within 175 days. If that doesn't happen, a defendant may file papers to force a trial that must then occur within 15 days, or the charge will be dismissed.

The same rules let defendants demand a speedy trial within 60 days of indictment. If a defendant is not brought to trial within 50 days of the filing of that demand, he may file notice that effectively sets a 15-day period in which a trial must be held, or the charge will be dropped.

Lilith you rock!!!

Thanks!!!