01/25/2024
"Alec Baldwin Demands Speedy Trial Over New 'Rust' Shooting Charges"
There is a strategy to a speedy trial demand that both the defense and the prosecution need to consider as there are in reality two types of speedy trial demands. A constitutional speedy trial demand which governs in all cases stating under the constitution of the United States of America that anyone charged with a crime is afforded a fair and speedy trial. A speedy trial demand under the constitution does not set a specific time limit for any case, just that it be reasonable and of course considered "speedy"
However, there are time limits on a different speedy trial demand in Georgia. Under a "statutory speedy trial demand" governed by Georgia law O.C.G.A. 17-7-170(a) , if the defendant is not tried when the demand for speedy trial is made or at the next succeeding regular court term thereafter, provided that at both court terms there were juries impaneled and qualified to try the defendant, the defendant shall be absolutely discharged and acquitted of the offense charged in the indictment or accusation. The time limits change slightly with capital cases, which are governed by O.C.G.A. 17-7-171, but the concept remains the same. The trial must happen within 2-3 terms of court, or the defendant is acquitted and cannot be tried again.
We are not privy to the strategies and the information in the Alec Baldwin upcoming trial, however, with this re-indictment and a speedy trial demand I am sure that we are in for some courtroom drama. Anyone charged with a crime in Georgia should talk to their attorney to see if a speedy trial is in their best interest. Call today to request a free consultation.