Victim’s Right to a Speedy Trial
I was talking to the local Assistant State’s Attorney the other day. We were discussing my assailant’s bail and how or if he’d be let out of jail prior to the trial. After assuring me that I would be notified if my shooter were released from prison, the ASA mentioned that it might be a year before this even goes to trial.
What?
I didn’t think of it until well after I had hung up, but the phrase ‘Right to a Speedy Trial’ popped into my head. So I decided to do a little research. I found the following on the Attorney General of Florida’s ‘A Guide for Victims’ web page:
How long will the process take?
The defendant has the right to a speedy trial, within 180 days (six months) of the time he/she is arrested and/or charged by information or indictment. During this time the defendant must be arraigned, discovery must be conducted (the process whereby the defendant, through his or her attorney examines evidence and witnesses the State will present at trial), pretrial motions must be heard, plea negotiations will be held, and a trial or plea and sentencing will take place. However, the defendant can waive speedy trial if he or she needs more time to prepare the case. Therefore, some cases may take more than 180 days to resolve.
According to the Constitution, victims also have a right to a speedy trial, but only to the extent that this right does not interfere with the constitutional rights of the accused. A time period for the victims right to a speedy trial has not been defined by the law.
During the time the case is pending, the Office of Statewide Prosecution will keep you informed of all court dates as well as any delays in reaching the resolution of the case. If you have any questions, please feel free to contact the prosecutor assigned to your case.
So, if I’m understanding this correctly, the trial should begin in six months. Not a year.
I’ll have to call the SAS. He’s been very accommodating. He, obviously, knows much more about this process than I do.
If anybody out there has any experience with a Victim’s Right to a Speedy Trial, please comment. I’d like to learn more. I don’t want to wait around for a year for the trial to start. I want to get this behind me. I’d think the assailant would too.
I am a reporter with more than 35 years of experience, much of it covering violence, ranging from wars and genocide overseas to Columbine here in my home town of Denver. I am on a disability leave from Associated Press because I have a disability, post-traumatic stress disorder. I still write columns for one small newspaper and contribute to blogs, and have my own. I would be interested in knowing more about what happened to so I can write a good column next week about gun control. I have friends among the Columbine families but I pretty much know how they feel already. If you would like to help me I would be very grateful. Check out my Web site and google me as Robert Weller Associated Press. I do have strong feelings about counseling. I think it is essential. I do not know your marital situation but experience has shown that family members are not always sympathetic. Take care.
Robert Weller
6 Apr 09 at 4:00 am