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When criminal trials drag on for years and years; should defendant be given jail time credit for exact opposite of "speedy trial"?
I have a friend who is on trial for Felony. I have to take her to court often; and miss work to take her there. I miss out on a whole days pay. When she gets to court; they continue the case, and no progress is made in her prosecution. I feel this is unfair to defendants in general; as they may be found innocent of charges in end. The agony of anticipating outcome of a slow trial; and the lack of speedy trial...should create a credit for defendant (whether found guilty or innocent). Do you agree? This because; defendants in today's are stripped of right to speedy trial. My friend has been on trial for over 2 years now; and there is no progress evident in prosecution's case.
There is a misunderstanding in my first question. I meant defendants free on bail; like my female friend is. She is not in jail, but she is always going to court, and no progress is made in the case. It just gets continued. So I was wondering if you think credit should be assigned for a defendant going through a "snail speed trial", instead of what the founding father's dreamed of. I understand a locked up, pre-trial defendant getting jail credit, but what about those free on bond...?
6 Answers
- ?Lv 71 month agoFavourite answer
Yes, they are given credit for time served if they serve time in jail. Sounds like she is not in jail, thus she has served no time. She ought to speak with her attorney about arguing to drop charges due to State not having met the right to speedy trial.
- curtisports2Lv 71 month ago
99% of the time, it is a defense of the accused that is responsible for the continuances; motion upon motion is filed, seeking additional time to build a defense.
- ?Lv 71 month ago
If she is guilty, don't do the crime you won't go through it, if she is innocent, she should be compensated for the time...
- EarleenLv 61 month ago
They are given credit. It is not unusual for someone to stay in jail, say for 6 months, then plead guilty to a lesser charge and be released for time served. It is what lawyers do. The important thing is the conviction on his record. Which means it gets worse the next time.
