Anyone formally charged with a crime in Wisconsin has both a statutory and Constitutional right to a speedy trial. The right to a speedy trial is derived from the Sixth Amendment of the United States Constitution. Wisconsin Statute section 971.10 mandates that any misdemeanor must be tried within 60 days of the initial appearance, and that a felony be tried within 90 days of an official demand for trial.
However, there are certain exceptions that can extend or delay the specified time periods.
While this appears to establish clear cut deadlines in which an accused must be tried, large periods of time are often not credited towards these periods, such as when a court finds that a continuance serves the interests of justice. More importantly, even if a court finds that a defendant’s statutory speedy-trial rights have been violated, the remedy is that the defendant be released from custody–it does not result in a dismissal of the charges.
Speedy-Trial Violations
The Wisconsin and United States constitutions also establish speedy-trial rights for those charged with crimes. However, the extent of one’s constitutional right to a speedy-trial is less clear-cut and does not depend only on the amount of time a criminal charge has been pending. Instead, courts will determine whether a constitutional speedy-trial violation has occurred by balancing the following:
· The length of delay
· The reasons for delay
· The defendant’s assertion of his right to a speedy trial
· The prejudice to the defendant
Although courts seldom find a delay sufficient to trigger a violation of a defendant’s constitutional speedy-trial rights, in those rare cases the result is that the charges are dismissed with prejudice, meaning the State is prohibited from re-charging the individual.
Should you or a loved one find yourself charged with a crime it is very important to contact an experienced attorney so you can discuss your speedy trial rights and prepare the best available defense. At Jones Law Firm we can help. Contact us today. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
