Re: Vick's Va. dogfighting trial can wait


"Bo Raxo" <crimenewscenter@xxxxxxxxx> wrote in message news:zOqdnWVAifMM3tLVnZ2dnUVZ_sWdnZ2d@xxxxxxxxxxxxxx

"MaryL" <stancole1@xxxxxxxxxxxxxxxxxxxxxxxxxxxx> wrote in message news:484e6f9e$0$4072$bbae4d71@xxxxxxxxxxxxxxxxxxxxxx

"Chocolic" <chatter448@xxxxxxxxxxxxxxxxxx> wrote in message news:H3o3k.33267$102.17842@xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx



There is a law, the "right to a speedy trial" that kicks in once a person begins serving a sentence in another case.

Doesn't hinge on serving a sentence in another case.

> It has to be the choice of Vick and the co-defendants to waive that > right, not the prosecutor.

Chocolic


That was my thought, too. States sometimes seem a bit oblivious to this right, but it seems to me that an overt announcement like that could set the stage for an eventual challenge or appeal. Incidentally, the right to a speedy trial is higher than ordinary law -- it's the Sixth Amendment to the U.S. Constitution.


Defendants routinely waive it, if they're out on bail. Delays can benefit the defense (memories get fuzzy, witnesses move away or die).

One of the really smart moves O.J. Simpson's legal team did was to refuse to waive the speedy trial right, surprising the hell out of the prosecution. They forced the d.a. to go to trial much faster than they expected or would have liked, and were underprepared as a result. A year of delay and they would have had more evidence, too, like the photos of him in the Bruno Magli shoes.


Bo Raxo



They *don't get let out on bail* if there is a pending warrant or indictment in another jurisdiction, so, no, they don't/won't routinely waive it "while out on bail". They get automatically turned over to the detainer of the charging district for a detention hearing for which they have a right to. And the judge will often deny it when two jursidictions have pending charges, unless both are misdemeanors.

Chocolic

.

Relevant Pages

  • Re: Vicks Va. dogfighting trial can wait
    ... There is a law, the "right to a speedy trial" that kicks in once a person ... Doesn't hinge on serving a sentence in another case. ... right, not the prosecutor. ... Delays can benefit ...
    (alt.true-crime)
  • Re: Vicks Va. dogfighting trial can wait
    ... person begins serving a sentence in another case. ... > right, not the prosecutor. ... the right to a speedy trial is higher than ordinary law -- it's the Sixth Amendment to the U.S. Constitution. ... Delays can benefit the defense ...
    (alt.true-crime)
  • Zimbabwe state prosecutor refuses to handle treason case after threats from security agents
    ... Peter Michael Hitschmann who is accused of plotting to assassinate President ... legislator for Mutare North, Giles Mutsekwa, were arrested last week after ... for bail at the High Court, was however remanded in custody pending the ... state prosecutor, Levison Chikafu, stunned the court when he declined to ...
    (soc.culture.zimbabwe)