quickthrower2 parent
So I guess the right to a speedy trial only violated if the prosecution delay the trial for no good reason, but if the whole system is under resourced it doesn’t count?
Yeah that can happen as well. If the state isn't prepared, it will just be delayed indefinitely. Although I have seen cases where that has happened, and the judge will eventually step in and set a trial date, usually 6 or 8 months from then. I don't think I've ever seen 10 years, that's something ridiculous!!
This. Illinois has a 120 day speedy trial statute (and the constitution has a vaguer requirement), but as you say it is only really violated by the prosecution. If your attorney agrees to any delays the speedy trial clock does not tick.
Yeah, if you waive the time, it's called a waiver of speedy trial. Or just a waiver of time, then it can be delayed, but I don't think I've ever seen indefinitely. You should see if you can get your trial televised for that lol.