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Q: Criminal Law: U.S. Speedy Trial Act 1974 ( Answered,   0 Comments )
Question  
Subject: Criminal Law: U.S. Speedy Trial Act 1974
Category: Reference, Education and News > Education
Asked by: dianad-ga
List Price: $10.00
Posted: 06 Nov 2005 21:51 PST
Expires: 06 Dec 2005 21:51 PST
Question ID: 589986
This question has to do with the federal Speedy Trial Act of 1974. 
Here is a theoretical case - the police are working with an informant
they know has a felony warrant out for his arrest but don't arrest
him.  They make a deal with him not to arrest him so he can continue
working for them.  The question is when the speedy trial clock would
start, at the time the arrest warrant was issued or at the time he is
actually detained and taken into custody or ?

Clarification of Question by dianad-ga on 08 Nov 2005 08:34 PST
Oops, forgot to mention this.  Question needs to be answered before
Wednesday November 9th at 12:30 pm.  Thank you.  :)
Answer  
Subject: Re: Criminal Law: U.S. Speedy Trial Act 1974
Answered By: wonko-ga on 08 Nov 2005 10:02 PST
 
According to the following sources, the speedy trial clock does not
begin until the informant is actually arrested.

Sincerely,

Wonko

"...the U.S. Congress decided to pass legislation called the Speedy
Trial Act of 1974. It applies only to federal courts, but it sets
specific time limits, requiring indictment within 30 days of arrest,
arraignment within 10 days after indictment, and trial 60 days after
arraignment."

"Overview of Sixth Amendment Rights" (January 6, 2004)
http://faculty.ncwc.edu/toconnor/410/410lect14.htm

"The Speedy Trial Act of 1974 (Amended 1979) calls for a 30 day time
period from arrest to complaint and a 70 day time period from
arraignment to trial."

"Double Jeopardy & Jurisdiction" (January 6, 2004)
http://faculty.ncwc.edu/toconnor/325/325lect07.htm

Search terms: Speedy Trial Act of 1974
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