Right to Speedy Trial - Should You Request a Speedy Trial? 

In my experience, the prosector's case never improves with time, unless the accused person continues to get into trouble. Since filing a speedy trial requires the person has regularly asked for a speedy trial, they may be killing two birds with one stone. Whether guilty or not guilty, most times delay helps. But that is a judgement call made by the client and the lawyer since my rule of thumb does not apply in every situation.

@@GustitisLaw question if u know you are going to be convicted can u use a speedy trail in hopes that the do something illigal or can use evadance in a appeal that will get you out ?

I wish I would have had or at least could have found a good honest attorney the ones today or just a joke and some of them should be ashamed of themselves

You have no idea how many innocent people are in prison my friend. America, land of the free, most prisoners on earth! Because that makes perfect sense!

Of course. Thanks for your visit and comment!

You are very welcomed!!

What does your defense attorney say about this?

Thank you so much for watching! I appreciate your comment, too.

Requesting a speedy trial is simply a way to protect the trial record for an appeal. Nevertheless, sometimes you actually get a speedy trial.

You know my greatest fear is that day going convictor and I gave them all the evidence right away the last piece of evidence took me about 7 months to get my hands on but sometimes I feel that they hold them straight in jail right and that leaves the individual or rather the victim the true victim with no way to gather up the evidence in support of their innocence. An innocent to the fact that they all say murder in the second degree but we're waiting for that jury trial to prove that that's not the case what they're claiming I hate it a disregard for human live acting recklessly this is BS

Sure.

Hopefully he was successful in Compton. Thanks for this comment!

Good luck with your second bite at the apple.

In my experience, the prosecutors never care how much something costs, unfortunately.

Gustitis Law unless it includes a victim I disagree they always care about money ... plus the public is going to be upset if they make them come in for a somebody running a stop sign 🛑 the system is based on voluntary compliance when you don’t they drop it . What state are you saying they will fight a stop sign ? I’d be interested in sending a open recorders to see what cases they brought to jury ?

@@Fastgt2003 I agree that prosecutors calculate how a jury would feel about being dragged into court to hear a stop sign case. But those were not the "costs" I was speaking about. Believe me, prosecutors in my area don't care about how much it costs the county to prosecute a case. They only care whether the jury will be angry at them for doing it.

If you want to win a speedy trial claim, you must ask, and ask, and ask for a speedy trial. If you don't get one, you need to prove how you were harmed by the delay.

No, I don't. I wish I could help.

I totally agree !! I recently found you online and have been watching your videos religiously in Hope I'm helping my fiance's defense. If you somehow come up with the way to have these put on some kind of transcript I will be first in line to order a copy !!

Your suggested video is a good idea, in principle. However, from a practical standpoint it would be very difficult for me to provide a solid "how to" video on this subject. Every lawyer has their own style and approach to defending criminal cases. That's the beauty of choosing one's own attorney. But I can say this, make sure you are spending enough time with the attorney. The more time you spend, the better idea you'll get about their preparedness, knowledge, and skill level. After enough time, you can just tell how good or committed they are to your cause. Thanks for your suggestion, nevertheless. I always enjoy hearing about what my viewers want to see.

@@GustitisLaw Wow Sir, that's was extremely spot on and exactly what I needed to hear Sir! It has bothered me for months now that my attorney has repeatadly dodged taking evidence or meeting with me and already continually got six continuations when in the very beginning I informed her I had an extremely easy case with alot of evidence to show a dismiss w/or w/o prejudice should be done immediatly. (I have two autustic children and a malicious ex wife who's record is very well known in our county amongst law enforcement, dcf, and CPT b/c of her mental illness' and drug issues but worst of the worst is her violent record and they had a special word for it at DCF but where she contstantly lies and makes false reports so she is flagged in our county at the DCF office.) But this attorney has given me and my family an extremely bad vibe Sir and the children have suffered b/c of her neglecting to meet with me for over six months, in the beginning she kept saying it would be dismissed for over 4 months and everytime at the first four court dates she told my family an I to leave b/c I wouldn't even be called up. So I was debating filing a Marsden Motion at the next court date and if all else represent myself due to having so much records/evidence and most of all I thought it was odd the prosecutor left out my ex wifes 2nd statement being in the small details is where she has always made the biggest mistakes of lying and it's how I have always exposed her extreme behaviors and worst of all malicious lies.) Basically Evil Sir, but I always have kept so many records of EVERYTHING to protect the boys and I, that it was almost ridiculous prosection even pushed this at all when her statements were just terribly filled with so many lies and constradictions that them taking out the 2nd statement kinda made me mad that they would hide it from discovery KNOWING it proves/contradicts everything, basically it shows with no doubt her credibility and 1st and 2nd statement contradict each other, so I am definitely no lawyer but am familiar with family law b/c of my ex wife and with this attorney "Volunteering" to represent me struck me as odd to begin with but now all the damages to my babies Gus it's hurt me to my core sir, and down to my soul. I've raised them since they were both born b/c of their mothers extreme mental breakdown after giving birth to our first son an nearly killing the lil fella a couple times before we got law enforcement and medical help to get her checked into a facility for several months. Her records over the past ten years are extreme scenarios but over this time while raising my boys completely alone I've been stacking all these records to one day finally cut the cord and eliminate her any sort of involvement being she's risked their lives an endangered them repeatedly, but now even breaking our court orders to never allow her boyfriend even around our children b/c of his sick demeanor, drug use, firearms but his mental health is dangerous like her but three years ago my ex tried to commit suicide while having the boys with her one weekend an I got a call to come pickup the children from law enforcement, after this point I had full time custody permanently, but I always encouraged her to try to develop a bond with our boys but after some thought and convincing that it's been ten years and never has she even tried to do anything for our babies just selfishness and endangering our kids repeatedly. I apologize for venting to you on here Gus but your the first logical intelligent person I've spoken to about this that actually made things make since to me with so few words. I've kept all the crazy police reports, medical records, court records, and witness statements that show I NEVER lie ever about our children, my life and our situation mainly bc of my ex wife being a habitual liar caused me to severely despise malicious liars. (Of coarse their are situations IN LIFE that require small white lies to not hurt peoples feelings, especially women when they ask those How do I look questions! ha ha ha ha, I'm sure you understand, I just mean I'm no saint but I stand firm with honesty to protect my boys and myself for many years. Sir I TRULY appreciate your time, videos and honesty.Your an amazing lawyer an I for one am extremely impressed with your work on here and only wish there was more!!! Do you ever coach pro se/people representing themselves I believe it's called. I had once had a lawyer from a free help place do it once an with one simple printout of advice it literally allowed me to turn EVERYTHING AROUND an drastically expose everything my ex wife had done as if it were so well thought out an executed that our Judge literally jaw dropped an yelled at her, called her to his podium, and basically SHOVED THE VIDEO in her face that showed our children extreme reaction to even seeing their mothers vehicle. (I still have everything from family court an as I said an extreme amount of well kept records of papers, audio, video, witnesses, after readin this letter if you could guide in anyway Mr. Gus with even my first time it'd mean ALOT to me Sir. I literally am in tears as I type these last few words because I know after this much time it's traumatized my babies all over again an after putting several years into special mental health "Play Therapy" and ALOT of effort on my part but after their mother tried to commit suicide it took several years to get them to calm down enough when they saw her to not respond anymore with EXTREME reactions and yelling, demanding she leave, physically pushing her out doors or back into her car, an I just know it's God's plan I guess you could call it we three have had to go through this time of I guess you could call it trial you know. I apologize for so much writing but your the kind of person who gives me the impression you actually care for others an have a good heart. So thank you Mr. Gus, if you can guide me with any advice whatsoever I would happily PUSH/Advertise the crap out of your channel online as I work doing computer repairs, networking an have quite alot of experience in business, advertisement, and other skills from school and previous jobs where I was taught certain skills. But after all this time I've been weak from the trauma an depression of having to endure all this knowing full well the boys have been in a very dangerous situation for their mental health an are definitely extremely traumatized, I wish I could of hired someone like you but we have barely scraped by for the past ten years an being just us three without ever getting any true real help it's always been difficult an hard but I've endured because it's my job as their father to always care for them so it's what's kept me alive an going even during this time of hell. Thanks Sir I apologize again for rambling on an on, I just never have anyone to truly vent to an explain all this. Thanks again Mr. Gus, God Bless you Sir, you were an inspiration an your videos a great source of knowledge!!!! Sincerely, Joshua

Thanks for your question. If you want a speedy trial, then ask for one regularly, preferably in writing filed with the court. Judges do have a certain amount of discretion in how they set cases and run their courts. Eventually, the judge will need to comply with your request or risk reversal when you appeal. If you want to “waive” your right (not use it) to a speedy trial, then simply allow your court case to take its natural course. Eventually, it will reach the top of the court’s docket and you’ll have to deal with it at that time. Good luck!

You have a right to a speedy trial. You don't have a right to a delayed trial or to have the court schedule your trial so that it's more convenient to you. A reasonable judge would do their best to make your trial date as convenient as possible within reason of course. But reasonable judges are increasingly in short supply.

Those sound like great ideas! Thanks for watching and sharing your thoughts. I will consider those topics for upcoming videos.

See my other response. Keep asking and keep stating how the delay is prejudicing you. Thanks for your comment.

If there was a conflict of interest, the DA would recuse themself from the case, a special prosecutor would be appointed, and the employee would then testify against you.

You can always request a speedy trial. Whether you get one is another matter, all together. The purpose of requesting the speedy trial is to protect your record on appeal. If you really want a fast trial, then ask for one at every opportunity.

@@GustitisLaw Thank you so much

I recommend you discuss this issue with a lawyer familiar with facts. Requesting a speedy trial is a tactical decision. You need someone who understands the tactics.

PRETTY SURE THIS HAS CLEARED ME OF FELONY CHARGES AT THIS POINT

I appreciate you asking for another video! However, I am not doing any more videos on this channel. For the past 5 years, my viewers have, in large part, only been interested in free legal advice.

Police are trained in techniques to obtain confessions. That does not mean the technique is coercive. Check case law to determine what the higher courts believe involve coercion.

There are no specific time frames. The time frame depends upon the circumstances. The accused must request a speedy trial, regularly, to preserve the issue for appeal. Lastly, the accused person must prove they were harmed by the delay. The defense lawyer handling the case can explain what the harm analysis is about. Good luck and thanks for your question.

@@GustitisLaw thank you so much

@@lnkinc6823 You are very welcome.

@@GustitisLaw I would like to see if I can ask you another question I don't know if maybe you can help me understand that but if somebody is incarcerated when they are represented by public defenders are they entitled to see emotion it is being committed to a judge how can they see any of their paperwork before it gets committed to a judge once again much thanks have a great day

@@lnkinc6823 If the person is in jail, their public defenders will be making regular visits to discuss the case and review motions, etc.

Ask 100 times. You are making this record for appeal, not for the trial court judge. Make sure you are also getting statements about how the delay is hurting or prejudicing your defense on the record. Good luck!

You should remain silent and consult with your criminal defense attorney about how to defend your case.

You need to discuss these facts with your attorney to understand why things happened this way. There may be several legitimate explanations.

If I answered your questions, then my video was a success and achieved my objective by making it. Thanks very much for your comment.

Prosecutors usually don't like to delay a case. The sooner they try you, the quicker they can convict you. They like that. But sometimes they have more evidence they need to gather before they are ready for trial.

The right to a speedy trial must be affirmatively asserted. You will also need to prove how the delay prejudiced your defense. The best person to discuss this with is your criminal defense attorney. Good luck with your case!

You must invoke the 6th

Unfortunately, I don't know anything about suing people. (a plaintiff sues people) However, if you are charged with a crime, your defense lawyer should be made aware of these facts to determine whether they might have an impact upon your case. Good luck.

There is no timeline. A speedy trial analysis always ends with proving harm. Harm could be caused by a short delay in some cases, and only after a very long delay in others. There are some numbers that courts throw around, like one year. But those numbers are relative to everything else going on in the case. Good question!

LMGunslinger 61days

@@clcliff7936 Thanks for participating in the discussion. But I doubt 61 days would be enough. :-)

Something that would be a prominent factor in any speedy trial analysis would be whether the accused is incarcerated pending trial. If the person isn't being incarcerated while they wait for trial it's going to be very difficult to prove harm. But if they are that is going to weigh heavily in the accused's favor in a speedy trial analysis.

That depends upon how the court runs their trial docket. A local defense attorney can give you a more informed answer. You question is a good one!

Your lawyer will continue the case until you plea out or request trial

Unfortunately, that's impossible for me to say. I have no access to these records for a personal review.

First, your friend in jail needs an attorney that is responsive to them. Have him lodge a complaint with his current attorney's boss. That may light a fire under them.

@@GustitisLaw unfortunately I guess he is in bad shape then. Thank you sincerely

@@sparky4581 The problem with being represented is the lawyer does the talking in court, not the client. Does your friend have family that can call the lawyer? I mean call the lawyer every single day until they respond.

@@GustitisLaw unfortunately no, only child I think. It's a bad situation. I thank you.

that's exactly the case with my ex.. I've even emailed and spoken to the public defender's office supervisor and still nothing.. I've wrote letters on my ex's behalf and have gone to somany attorneys getting consolations but damn attorneys are so expensive. 1 asked for 20,000 his bail is 30,000 and they won't grant another bail hearing even tho he has a job still waiting for him upon release. I'll pray for all involved on ur part. the justice system is ttruly criminal in a way

Thanks for your kind words. Unfortunately, in order to preserve a speedy trial claim, the defendant must jump through all the hoops. It's not up to the government to provide a speedy trial, if the accused wants one they must ask for it. If the speedy trial is not provided, the defendant must get a ruling from the trial court on the claim. The defendant must also prove harm to win on the claim. They must prove they did not contribute to the delay, etc.

@@GustitisLaw lots of good info here. Thank you.

@@ldolan4051 I'm glad it's helpful to you.

I'm sorry, I cannot help you. I cannot give legal advice over the Internet. I don't know the facts and law applicable to the case.

You apply by filing a written request with the court for a speedy trial.

@@GustitisLaw thank you very much

Just request it. The lawyer will lie to you and say you’re not ready. You can do it yourself if you’re not guilty of the crime should request it. F with your lawyer is lying to you about.stand firm.

I hope I’m not too late to help my brother, but you don’t have to put it in written. Next time you go to court just tell the judge the do want to wave time you are requesting a speedy trial that’s your right not your attorney.

Yes.

Then you don’t get a speedy trial unless you can prove your waiver was not voluntary.

Also she did ask for the speedy trial in writing and then she told the attorney I've never wave my right to the speedy trial and yet you won't tell the judge not waive my rights she gave him a list of Rights he told her is he requested the speedy trial then he would be sued

I wanted to let you know another important factor is that inmates at least down south are not really allowed to go to court they take the badge of the inmate and take that to court but they are not there it is very rare to see her there on Zoom

You are asking for legal advice, but I cannot give it. I'm sorry.

Stay patient. It talks a long time to prepare for trial. A case four months old is still an infant.

The Problem with this Situation is he has a Public Defender, Should have gotten a Paid Lawyer

Then you get one. Good luck.

Yes. The U.S. Constitution applies everywhere.

@@GustitisLaw I asked bc some states act like it dont apply to them. A lawyer once told me, the state of NC can take as long as they want to process a case. Some people have been on ankle monitors for 4 years and still havent had a trial.

@@therealtyronehill If you recall, there as things you must prove to get a speedy trial. But the US law on speedy trial applies to every state in the Union.

All courts

I don't know. I'm a good lawyer, just not a good mind reader. :-)

If the speedy trial issue was properly preserved, the denial can be raised on the appeal of the case and be examined by a higher court. Excellent question!

Because there is no such thing. The time frame must be analyzed within the totality of all the speedy trial elements. In other words, one year may be long enough in one case, where three years might be needed in another.

That is certainly possible. Such evidence should be presented to make a record for the higher court. Good question!

That’s an interesting question. In reality, however, the vast majority of defendants do not want a speedy trial. Time is an ally of the defense. Most people want to take advantage of delay.

@@GustitisLaw just a thought.

@@r6685 That's actually a very good question!

Then you need to be prepared to defend yourself sooner rather than later.

yes.

Yes let no one tell you different

Yes it can

A good client needs only one good defense lawyer.

Lie about what? Prosecutors are not witnesses in cases they prosecute. Consequently, I'm not sure of the context of your question.

@@GustitisLaw Hello Mr. Gustitis can I have your email address and your office to send you more information about myself? I’ll make sure lunch will be on me. Im in California.

@@daymonddixon6202 Daymond: without getting into details, what kind of information did you want to communicate?

@@GustitisLaw in 1997 I was charged with 7 felonies by a new DA at that time, I recently found out that she was trying to build a name for herself using me an everyday working man who maintained two jobs at the time one job was managing apartments for nearly 20 years and the second was a truck driver for the city of Oakland. I was dating woman who was about 7 months pregnant with my child, she decided to cry foul saying that I did all kind of thing to her, so I requested a “SPEEDY TRIAL” against the will of my public pretender, I was granted that, but railroaded through the course of the trial, I had no criminal record, they charged me with a “California one strike law” meaning automatic 25 years to life if convicted, 1 the grandmother of my unborn son while working for the DA’s office testified against me by saying that I was just a charmer with negative quotations because she never took a liking to me,2 the DA called a expert witness to the stand to say I raped my sons mother which she wasn’t the person that examined her the person that actually examined her took the stand stated that based on his findings it was rough sex, so years before this wrongful charge me and my son mom made a videotape the judge demanded that I go home and get the tape before I pick a jury so I rushed home to go retrieve it a few friends said why are you giving up your evidence b4 you pick a jury, they said no don’t do it, so I did anyway I gave it to the judge he tried to keep it out b4 viewing it and the DA mentioned to the jury that I had made a secret videotape which wasn’t a secret because and the end of the tape my sons mom said to me at the end of the tape “ baby I hope the tape came out” so I took a risk bc my jury needed to know what was going on, so I asked the judge in the presence of my jury why was he hiding the video from them of course he ordered the jury out and threatened me with contempt, so doing deliberation the jury came back with a note wanting to see the tape the judge allowed them to but without my presence. Ultimately The jury came back with a guilty verdict of a penal code 242 simple misdemeanor after the judge confuse the jury with instructions. The judge recommended me into custody and gave me 2 years in state prison. Before my release from prison the state said that I can’t reside in Oakland and made me move to a place called Ukiah. After realizing that ukiah wasn’t a place for me I was able to get an attorney who got me out of that place within a week. So I went back to court and put a restraining order on my son mom. I’m sorry for going on but I haven’t been able to talk about this until George Floyd. Someone wrote a story of what happened to me and I just wanted to share it with you, I also found out that the judge who did this to me was reprimanded, and it wasn’t until my story with public I recently found out that the DA is no longer a DA, this all accurred in Alameda County. I had to do something after I found out that the DA became a spokeswoman for Nancy O’Malley leading DA of AC. When my story went out I stop seeing her as spokesperson and the more my story went I see that as of November 2021 she no longer works as a DA. I just wanted to send you some information and maybe perhaps you can help someone they might be incarcerated by this corrupt DA. I don’t think that this just happen to me by this DA name Tereasa Drenick. I found out some more disturbing information about her 20 years later as to what she’s been doing to me after damaging my reputation.

@@daymonddixon6202 Thanks for your detailed reply to my question. Unfortunately, I don't believe there is anything I can help you regarding your case. Maybe an attorney licensed in CA could help you.

That may be a factor in your favor.

@@GustitisLaw How

@@allenruckman9958 The other factors must be considered in addition to the length and reason for the delay. Everything must be considered before any individual factor has context.

@@GustitisLaw even though he got the same charge? How would that play out

@@allenruckman9958 Sorry, I have absolutely no idea. I know nothing of the facts or law applicable to the case.

I will keep your suggestion in mind. Thanks for watching!

ok. Let's say you are innocent. You have the absolute right to a jury trial and compel the State to prove the case against you beyond a reasonable doubt. Only you can make that decision.

That is unusual. What is your question?

Missouri. I know you work Texas but I am poor now but if you have any friends who can help. I am 56 and never had anything on my record but now felony possession from a fugitive. Setup and broke in Missouri

Your situation sounds very difficult. However, if you cannot afford a lawyer to hire the court will appoint a lawyer to represent you. Your lawyer will then investigate the facts and circumstances, apply the law, and then give you advice about how to proceed.

@@GustitisLaw I agree it should be that way And I agree that in all likelihood if it was a just program in court was just it would be okay but it's not because I do have a public offender I had three lawyers before that I can't afford to keep paying them I'm on disability so I ended up not being on pails lawyers I end up with this guy here's my public defender who doesn't even return calls he doesn't care I've get him all kinds of information it took 7 months then the right get police report from that night I mean it happened in November 15th but they didn't write that police report till May 16th My lawyer doesn't see a problem with that I do. There is a lot of discrepancies I. see a problem with the court system and especially the public defenders in my county do not care they do not return calls they do not do investigations I did the investigation I have done everything I took them 4 years you have evidence and when I told my attorney that after the discovery and this is when I hired I actually discovery there was nothing but a police statement that was written 7 months later than the incident that didn't bother him he just went to the prosecutor didn't have any labs and now they do see how that works this is a crooked county I believe they're all my life and cannot believe it for myself I don't think there's any justice in this world love and then probably never will be as long as so many people have money and sewing people don't cuz OJ would walk in Kim's going to go to jail and she's never been there for her life probably 7 years

I just never knew that just the system was so unjust it's about money nothing more if I was rich I would not be going to court but I'm not my witness died I asked for the process to anyways didn't matter they said no no speeds wrong no due process even though my witness died 5 years ago doesn't matter I guess I'm guilty because I'm poor that's the way it works out in this country I've never done anything wrong in my life only charge ever on my record I'm 56 I'll end up with 7 years in prison in Missouri cuz no one does care and no one cares about justice anymore now here anyways I did like your videos and they were very informative and if laws would work along the way it's close to you I wouldn't be going to court but they don't care about that as long as no one's talking about it is okay

@@kimlyons4882 There are many people who care and believe protecting the rights of the accused is their life’s work. Please continue to fight if you believe it is in your best interests. Remember YOU decide whether to take your case to trial or to accept a plea bargain.I wish you the best of luck.

You apply by filing a written request with the court for a speedy trial.

@@GustitisLaw Thank you sir.

There are many great lawyers out there. You just need to look! Thanks for your kind words.

So I guess you’ve never read the Due Process clause of the 5th Amendment to the United States Constitution. Close study of that clause will reveal the foundational essence of what I get paid to do.

@@GustitisLaw The Constitution? You can't be serious. In today's government and society THERE IS NO DUE PROCESS, NO 5th AMENDMENT , ONLY WHAT THE POLITICAL POWER BROKERS WANT AND PEOPLE WHO THINK THEY ARE ENTITLED. Guilty until proven innocent is the new mantra of society, the many ruled by the few, ( a dystopian society). If the 5th Amendment is true, how do criminals get rap sheets. You must be paid very well where you live. Speaking of which I will cease my responses as I do not want to get a bill for expressing my oppionion of your trade and the current reality of the status of the Constitution. I'm sure you're busy earning that pay as we speak. If you don't want an adversarial comment, don't respond or delete your webpage. I would suspect being a lawyer you could handle different opinions. Read 1984 and brush up on the new legal system.

We all are entitled to our own opinions. Thanks for your comment.

What's your point in this comment?