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michaelmroseyesterday at 4:21 PM5 repliesview on HN

You have to waive your right to a speedy trial. You cannot be held for years without trial


Replies

throwforfedsyesterday at 4:36 PM

Yes, but it does happen a lot. The case of Kalief Browder was one of the reasons for all the reforms around bail. [1][2]

[1] https://en.wikipedia.org/wiki/Kalief_Browder

[2] https://www.nytimes.com/2019/03/29/nyregion/kalief-browder-c...

kagakuninjayesterday at 6:11 PM

I was a jurist on a murder trial. The defendant had spent 1.5 years in jail awaiting his trial. Then went back to jail after the hung jury did not deliver a verdict.

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qingcharlesyesterday at 4:30 PM

Sure, that's true. Let's say you file a motion, though. Say the cops beat a false confession out of you. You file a motion to suppress. Now you've stopped the speedy trial clock for a year, maybe two, while the motion is responded to, witnesses and discovery are sought, hearings are had, etc. You're stuck in jail that whole time.

AngryDatayesterday at 4:43 PM

Just like in theory the cops can't steal your stuff. But in reality there are more than enough ways around such little restrictions unless you are backed up by an expensive and powerful legal team.

SV_BubbleTimeyesterday at 5:54 PM

Just fyi, this is from 2021, not could, but did, some up until the day they were pardoned never had a trial.

https://www.newsweek.com/accused-capitol-rioters-could-spend...

Or, does this not count for ideological reasons? There are at least some people out there that may be consistent despite tribalism, I suppose.