Right to Speedy Trial - Common Reasons for Criminal Trial Delay 

Thanks bruh, your very consistent & give great information. You don’t have to do this but you do & I salute you. Thanks again

Great job on the video Steve. You are giving out great info for people who need these answers.

Also you keep it straight to the point & is on the money. I double check your shot & I can only salute your truth. Thanks again Mr. G

Thank you again Mr. Gustitis. Very helpful video.

If everyone demanded a trial this corrupt injustice system would collapse

Like the brevity of your presentations. I can always click on more.

Very great informational videos and consistency

Great series

very good information sir...thank you.

This is such valuable information Thanks for sharing Steve

My trial has been continued for 5+ years now. I can't go to school, can't get a job, lost my kids, out my home, all because they keep pushing it back. And apparently my public defender isn't ready. I can't keep living like this but I don't have money to hire an attorney so I have no choice

In my experience a court appointed shyster will coerce you into waiving your right to a speedy trial, claiming he needs time to gather evidence or otherwise prepare a case. But he does none of this, he just leaves you to rot in jail for months while giving the prosecutor time to cobble together whatever BS is necessary to compile or falsify evidence against you. Then when your attorney finally visits you, he tells you that they have a really good case and you should take the plea they're offering, even if you're not guilty. He won't even advise you to hold out for a better deal, which is usually offered if you refuse the first one and insist on a trial.

Clear, direct and concise.

There are a lot of rumblings in dissident circles that solitary confinement and trial delays are a method for prosecutors to leveraged a guilty plea. I imagine proving this would be quite difficult.

Prosecutorial retaliation due to filing a lawsuit against them and naming them as a plaintiff. See Timothy Damron versus Houston County Texas three requests for Speedy Trial ignored, arrest occurred October 19th 2019

It seems there are many cases where this right is being violated. Individuals that are arrested and then sit in jail for years without trial. I doubt the founders would have found this as a definition of speedy trial. They system is ruining lives of innocent people. We need to start holding the courts, DA and law enforcement accountable when these violations occur.

Can you have 2 open cases go through pre-trial motions at the same time, if they have nothing to do with the other.

thanks for sharing. You make good points but how do they help an Innocent person?

I’ve pushed my court date back several times now , not because I don’t want to go to trial but because I’m not comfortable with the lawyer I currently have.

The problem really arises when you have a horrible prosecutor that has no heart or consideration

So I know that my DUI case was delayed over a year and my lawyer said “due to Covid.” Now, at the time I didn’t know about a speedy trial. Currently, what are my options to consider a speedy trial? BTW I’ve attended court for the first time about this charge this month, Feb. and the plea bargain is incarceration even though it would be my first offense. What are my options?

My case has exceeded the 180 day statutory limit for grand jury indictment but I'm being told that these time limits have been waived because of COVID...how do I assert my rights in light of the time limit waiver?

Good evening sir I'd like your professional opinion on something if someone is charged with making terroristic threats to kill and aggravated stalking but the person has NO other criminal history other than a speeding ticket and is a honorably discharged u.s marine but the DA definitely has evidence is there anyone of getting off with just probation? I know it's a long shot but I'm just curious. Thank you for your time sir.

How long is a dissmisal without prejudice in effect. Prosecutor can recharge after dissmisal, how long does this last?

How long does it take from Jude to get a response for a request for speedy> not court date, but actual response?

I know currently the Miller v. Bonita (CA) has a stay of judgement pending the litigation of another case of a similar topic, as the ruling of that might set a precedent impacting Miller. Are there any similar provisions for criminal trials? For example a defendant accused of fencing a piece stolen property having his/her case delayed to allow for a ruling from a case made up against the thief that had allegedly stole the property.

Thanks for your video is it okay for the person stay on probation to get into a fight

What's the reasoning why my attorney doesn't call me 3 weeks before a pre trial conference. I have a feeling she will delay this conference. Your advice

My public defender has left work for 4 months in a row... And now I have a omnibus and having one meeting with her before court and I'm pretty sure she'll reschedule and just have a little talk before court. I've never been told probable cause or been shown evidence this crime as happened... Is it okay for my lawyer to just up and leave for 4 months?

June 2 .2018. Bond until present day. 13 postponement. As of today 2021/12 /28 in pa. I not a felony, I think that they figured since I was an addict at the time I would cuddle up and catch another case and put myself in a bigger hole

I have a couple of questions for you about the position I could possibly take on a case

My case was not filed for 17 months and know they keep putting it off it's been 3 years . They never left me an inventory or anything when they came in with a warrant. I don't know what they took

In my case the prosecutor has not issued me with neither witnesses statement nor the documents against my case the defendant lawyer is asking the court to proceed despite me having received the necessary documents

Over 5 years ago, I asked for a jury trial in a misdemeanor DWI case. Just today my case listed on the docket- and my public defender is still looking for me to accept a plea- which I have no intention of doing. I want a trial...but it's been over 5 years? What do I do? Motion to dismiss...right to speedy trial?

Unreasonable Noise? dog walking! 3 years ! County attorney, pushing Plea. My attorney came down with Cancer. DA knew I would run low on money. 5/18 case still open. I ZOOMED CAlled until I had a new attorney.

I s it normal for your arraignment to be scheduled a year later I was arrested 9/3/2017 my arraignment was 05/18/2018? Misdemeanor

Would a person have the right to jury trial , in a misdemeanor case? If so how should they invoke that right?

Is it possible that the prosecutor doesn’t have sufficient evidence against to have a trial. With the lack of that evidence is the prosecutor just waiting for the defendant to slip up or say, Let’s take a plea deal?

What if you try to schedule an appointment with your PD and she doesn't respond back?

I’ve been waiting for a class b misdemeanor for 795 days and I’m yet to get my day in court. Is this an average wait time?

I was arrested in New Jersey in 2018 on charges of Criminal Trespass in the 4th degree, NJSA 2C: 18-3 (for walking across public school grounds during school hours) and Possession of less than 50 grams of Marijuana, NJSA 2C:35-10a(4), (for having a bong rip in my room). I was arrested 11/1/2018. I never received any official notice in the mail from either the municipal court whom filed the charges, or from the superior court, giving me an arraignment date. However a date for superior court was given to me by the arresting officer and is listed at the bottom of my complaint summons. I went to superior court on said date (11/28/2018), but I was not listed in their docket. I figured that municipal court must have made a mistake and was not, at that time, willing to put myself in the lines of fire, to turn a phrase. Recently however, in about April or May of this year, an officer from said arresting police department came into my job and filed a personal complaint against me, citing statements in this 2 and a half year old case, to try and have me terminated from my job. This re-sparked my "interest" in having this case resolved and made me think about statutes of limitations. Mind you this is already 2 and a half years old, I drove to the superior court house to try and find out what was going on with my pending charges, but they told me it was in the municipal court's system, this was about Mid May. First I filled an OPRA request concerning the case, to which I was awarded said documents, so today, 7/6/2021, I went over to the municipal court building to try and get this issue resolved, because I am not thrilled of the aspect of these charges hanging over my head for however long. The municipal court informed me that the charges were transferred to superior court. So, I drove over to the superior court immediately following my brief meeting with the municipal administration and superior court assured me that the charges were not in their system and must be at the municipal court. I collected a document to that effect from the superior court clerk, and immediately returned to the municipal court so that they could have a copy of that document for themselves. I am now actively trying to invoke my sixth amendment right to the residing prosecutor of my local municipality, which is jumping through hoops with no apparent scheduled court date. Am I too late to invoke my sixth amendment right to a speedy-trail. When I was arrested I also MADE the arresting officer mirandize me and did not "voluntarily waive my rights", I signed under protest and duress. Further more, is "being lost in virtual limbo" a valid reason for delay on the courts part? Kevin Dodimead

in FED case , could they delay to gather more evidences?

Is deliberate prosecutor delay considered misconduct from the prosecutor?

Mr. Gustitis my son has been targeted by local police. I would very much like to talk to you on my son's case. If you have time to visit with me about his case. I would like us to make it happen!

Is military diversion acceptable in lieu of a criminal trial?

Arrest was on December 31 2010 never showed warrant detective said my brother confessed. To crime January 3 detective came to jail took brother to room outside with sheriff's and threatened him if DNA was not given. They would take it unwilling. Not until after trial we found out Brothers Name and officer name scratched off same kit

If court sends letter stating trail is canceled what does that mean

I have a case that I been fighting for two years now. And I hear that my county I live in has the highest conviction rate the the whole nation. “ Orange County, NY” is this true.

I have a criminal case that I am finally going to court after 1 year 5 months and 28 days later. The key witness (the officer) was just put on military duty and want to postpone. I haven't waived any rights. My lawyer said the judge could grant the postponement which would bring the trial out until after the officer returns January of next year. I'm already at 147 days and ticking on my speedy trial. They want me to plea and recommend PBJ to reckless endangerment. I don't think the witness not being available should be good reason to violate my right to a speedy trail especially after 1 and a half years because of a pandemic.

My case for dumpster diving was 2 years old....COVID 2qs bad and no one was at any office because at the time. The courts and all were shut down. I finally gets a public pretender and she is impossible to get a hold of and constantly dodges me. I emailed and requested for her to file for my speedy trial....she finally sees me the other day mind u ...court is the 30th...of this month...like 3 days. She says she's only human and she just forgot to do it. Well I couldn't file any speedy trial motions a year prior to even knowing who was to represent me....and the clerk Cecil Dye laughs at me and.says no one but the lawyers an file that form. What do I do now.

What about when the complainant (who's identity is being withheld by the state) ends up getting 6 new charges on themselves before the trial? I know who the complaintive is. He's the one that framed me. I've already submitted the Motions to compel the prosecutor to reveal the name and another one compelling the prosecutor to reveal if they have made any deals or if moneys have been paid. It's been going on since Oct. 2017.

The prosecutor does not have sufficient evidence. Discovery of evidence that proved the plaintiff did not follow labor laws upon employment

What about if your own lawyer has asked for 6 diff continuances against your wishes then withdraws as yout lawyee taking the $3000 you paid him to essentially do nothing more than drag out a case?

Funny, the damn lawyer refuses to answer the phone, respond to certified mail, hangs up then blocks me if i call forcing me to purchase a new phone and try calling again.

How do u tell your public attorney your 6th amendment for a speedy trial has been violated?

Where do i fiend a attorney like you in frederic wisconsin polk county i have been falsely charged

Criminal....over two years ....15 months in jail first time...5 months this time...I filed for fast and speedy trial...trial coming up in 11/23/22 ..no bond....now prosecutor o.r bond with monitor...but want my speedy trial waived...but got medical o.r the day before...No monitor...but want me back in jail when ..i..get my medical fixed myself...and they waived my fast and speedy trial because I'm out...?????

My x has been in jail for three years and has not been to court yet he's had court dates but was continued I called the clerk of courts and they told me speedy trial was wavered because of the pandemic.He has missed our daughters prom and her graduation and funerals it was a year and a half before he ever saw a judge or got a bond which is a quarter of a million dollars

Would a family emergency/ death of a family member (immediate) and opportunity to attend funeral be a valid reason. Most I would be asking for is a week or two.

Well I had my first day in court for my proble misdemeanor case. My attorney spoke with the judge and we found out that the prosecutor and witness did not show so the judge rescheduled my case for 90 days out. My lawyer tells me he wants to review the edvidence that the prosecutor may have but he can’t do so unless until the prosecutor shows up in court. That sounds kind of funny. He tells me that because my case is a misdemeanor case edvidence can not be reviewed until the prosecutor comes to court. Sounds suspicious to me but I will go with the flow right now I really think that the evidence is weak at this point. If they had strong edvidence they would have already arrested me especially since I interviewed with the police twice. This whole thing seems like a bunch of bull

A defendant may try to delay trial based on judicial bias. In Surry County, NC, the presiding judge serves several months up to a year. The case involves a 39 year old mother of 6 children who has multiple past drug convictions. Now she is facing habitual offender status. She was sexually abused by her father beginning when she was 6 and lasting until age 16 when she finally brought charges and won a conviction against him. She is clearly a victim of PTSD, but never sought treatment. At her bond hearing, the judge denied a bond reduction stating in so many words that the same judge considered the defendant guilty before a trial the judge was going to be presiding over. The defendant's strategy is to delay trial until this judge time of service is over some time in 2021. The defendant has already served 15 months in jail pre-trial on the latest charges. Do you have any advice for the defendant?

When does a DA decide to take a case to trial?

So, basically every person has the right to make what he can to cause a delay, understanding that this is a valid (non criminal) way of defense and argument? Sometimes a person has nothing to say, and the other party has to prove.

What if they didn't meet the time that the judge gave them to have your case heard and tried..

Yes see i had a cop show up at my house grab my phone out of my hand never had a search warrent are warrents she arrestted me my. Son and boyfriend never told what we were arrested for searched my home and my dads home with out any one telling them they could and here it is oct 1st be 2yrs and yet still on bond and nothing on any kind of case are court date

Can a judge continue a case that is mark must be tried

I understand the reasonings behind the delay but I’ve been placed in House Arrest/GPS and with that I have to take random drug test. Well I have major health issues (heart failure). I have a an LVAD system and I take lots of medicines. Well those medicines cause false positives on the drug test. I have been violated and sent back to jail only to be released back onto house arrest. When I was put back on house arrest upon being released I was given a drug test and failed for the same thing they violated me on. My immune system is basically non existent and any infection to the drive line port of my LVAD could be deadly. I can’t sit around and fail these test and be violated over and over again. The prosecution doesn’t have a case against me and they know it. My lawyer put in for a motion to dismiss my charges but she said it could take a while. So while I wait I’m a prisoner in my home and every 8 weeks the detention center.

Delays are used yo jeopardize your business or job. Wearing you down and draining your financial and emotional resources makes you amenable to pleading out. Lawyers' fees aren't bribery on our part but extortion on theirs. Renting your rights gets pricey. The ex governor of R.I. was charged $1.3 million in attorney fees to get discovery(a state constitutional right). His one of his lawyers gave away a piece of the puzzle when he complained:"At these prices who can afford justice?"

Would if you asked 2 different lawyers for a speedy trial and nothing happen

I also think is taking too long because they are investigating more about me or if there are any other crimes committed by me.

I have three chargers against me in for Main County Indiana one domestic two lava strength of another person holding so when we get there will three intimidation know all three is against my wife she told states attorney that she was belligerently drunk and she should not be held responsible . She is not testify against me since she told them she was drunk they’re willing to drop domestic and holding her yesterday but they are trying to keep intimidation because supposedly they heard me tell her that I was going to break the windows in the car I guess they have that record I don’t remember what I said I was under anesthetic for I had just got out of surgery about three or four hours prior to this incident I get my wife refuses to go to court against me

you only mentioned plea bargains but what if the prosecution has a weak case and insufficient evidence to prove beyond a reasonable doubt that you're in fact guilty?

Hey Steve I've watched a lot of your videos you are very clear and informative which I appreciate but what I'm about to ask is gonna throw you a curve ball So if you are clearly innocent with proof why would my Attorney keep asking me to consider a plea bargain and go to prison for a crime I didn't commit ? I'm very knowledgeable in law now cause my case can be considered as a miscarriage of justice without question I know the speedy trial act of 1974 and read the American Bar Association's limitations and standards for a criminal case but I have 1 more question nobody has answered it I'm truly hoping you can ... Is it normal during the course of you case to have 4 judges & 8 prosecutors working on your case btw my case as of July 18 will be at 1095 days I think that is ridiculous and delay wouldn't be the proper term thanks for your time

Pc1382? 6th amendment?

Delay is not good for me fighting a felony I’m innocent of but can’t get a job I need speed

Your assuming the defendant is guilty, the public pretender is on prosecution side they keep continuing the case the alleged victim is not going to show up because she lied and they keep looking for her I’m asking for a speedy trial and the pretender keeps telling me to continue and when I said no they get mad and give me another date

I was arrested on feb 8 2023 I was just in criminal court today July 6 2023 my child was taken the day I was falsely accused of “pushing” someone My tickets were “missing” along with a few other peoples “tickets” the judge said And then the judge said the “victim” was never subpoenaed. They made the date for October 19 2023 I can’t get my baby back until I beat this charge which I will. But the time it hour my premature newborn baby. She will be a year old on October 10 2023 😭 please help. Please.

I was making 65k as a teacher my vindictive ex who tried to kill me lied the judge went on vacation for 31 days it took the prosecutor 6 months before she arrested me.

What if your mom is the victim and she got punched by another man and he wasn’t arrested and we trying to press charges

1114 days? 557 days?

I have misdemeanor dui case in it’s 8th year ! Please comment

I think my son's prosicuter is out to get him for other reason

I'm being charged with a felony assault weapon charge after a illegal detainment and false imprisonment (5150d which was invalid). In state of CA they automatically take your firearms so they got a warrant and took my guns. Now they're charging me with a felony on a rifle I had and I was arrested at gun point on a felony assault weapon warrant. Now I'm out on bail and arraignment isnt until Sept. I have a civil case too on a GVRO I'm fighting as well. Problem is I can't leave now because I'm out on bail but I no longer which to live in this communist state where they can violate my rights so bad based on heresy. How soon can I request my hearing after arraignment?

Thanks for the videos my ex got arrested for sexual battery got out on bond happened in dec of 22 goes to jury trial in oct of 23 he has a speedy trial probably will dismiss the case

So I was dumpster diving.... as usual....its my profession....at a local humane society Trashcan ...They are real wastefull!!!! Most people are....anyways..my dog Mapels jumps out right when I'm pulling out and I park and look for her ..the cops come and arrest me and are charging me with Felony Theft.

Covid 19 delay

Don't put your fate in the hands of criminal gang members

Meh