i was just wondering if the right to a speedy trial was enforced in PA for a speeding ticket, since it’s not a felony or anything? i’m not quite sure how that would work.
:dunno:
speedy is a very general term.
that’s the whole point kinda. i’m going to use it agains them if it is applicable for PA. i know a lot of other states it works, so i’m hoping i can take advantage of it too.
speedy trial usually means with in 30 days
no.
what would be your exact defense?
You’re not being charged with a felony. The right to a speedy trial does not apply
what the hell is a speedy trial
something DSM owners dont now about !!!(speed)
if you are charged with a felon …your trial has to start with in 30 days…
nevermind, missed the rest while i was typing
since it is only a citation NO…
are you guys fucking serious? the right to a speedy trail isn’t just going to court in 30 days … IT’S THE FUCKING 6TH AMENDMENT TO THE US CONSTITUTION
here’s the just of it:
Because the guarantee of a speedy trial
is one of the most basic rights preserved by our Constitution,'' it is one of thosefundamental’’ liberties embodied in the Bill of Rights
which the due process clause of the Fourteenth Amendment makes
applicable to the States.\16\ The protection afforded by this guarantee
``is activated only when a criminal prosecution has begun and extends
only to those persons who have been `accused’ in the course of that
prosecution.’’ Invocation of the right need not await indictment,
information, or other formal charge but begins with the actual
restraints imposed by arrest if those restraints precede the formal
preferring of charges.\17\ Possible prejudice that
may result from delays between the time government discovers sufficient
evidence to proceed against a suspect and the time of instituting those
proceedings is guarded against by statutes of limitation, which
represent a legislative judgment with regard to permissible periods of
delay.\18\ In two cases, the Court held that the speedy trial guarantee
had been violated by States which preferred criminal charges against
persons who were already incarcerated in prisons of other jurisdictions
following convictions on other charges when those States ignored the
defendants’ requests to be given prompt trials and made no effort
through requests to prison authorities to obtain custody of the
prisoners for purposes of trial.
a moving violation much differs from an actual crime… realize ‘traffic court’ is normally some hole in the wall bullshit office with a constable and a magistrate… whereas, real court is appointed judges and bailiffs ect. ect. ect.
you do not have the right to a speedy trail when you were simply issued a ticket and let go.
but since you are not charged with a crime and just a citation …this rule does not apply…
:duh: