There are two ways to demand a speedy trial in Georgia. There is a Constitutional speedy trial demand and a statutory speedy trial demand. One of them comes from rights given to you by the Constitution and the other comes from a law passed by the Georgia legislature giving you the right to demand a speedy trial.
This blog is going to focus on the statutory speedy trial demand because it has a more straightforward application and is more common.
How do We File a Speedy Trial?
A speedy trial demand has rigorous demands and if it isn't filed properly then the judge will deny your motion - I can guarantee that.
First, you must a file a motion that is clearly captioned and separate from any other document or motion. Second, the motion must be filed in the same term of court (more on that in a minute) you were indicted, or the next term of court. You must serve a copy on the prosecutor and the judge, and there must be jurors empaneled during the terms of court. Further, the defendant must be present and announcing ready for trial.
How Long Does the Government Have to Try Me?
If you file a proper statutory demand for speedy trial then the government must provide you with a trial within two terms of court - three terms for a case that carries life in prison. Terms of court are set by the Georgia legislature and they vary from county to county. For instance in Coweta County terms of court are six months in length whereas in Carroll County they are only three months.
What if the Government Doesn't Give me a Trial Within Two Terms of Court?
Your case is dismissed. Yes, if you successfully file a speedy trial demand and you aren't tried then you win. For that reason, the rules are strictly enforced against the defendant in these scenarios.
If you are looking to have your case tried, and want to do it is a speedy fashion contact us and talk with Ryan today.