Speedy trial demands
QUESTION: My friend was arrested for two felony forgery counts. Bond has been set but there has been no arraignment and no indictment. He has been sitting in jail for 4 months. He has a public defender whom he has never met. I spoke to the PD once but he does not return calls. We want to know if he can request a speedy trial even though there has been no indictment.
ANSWER: No statutory speedy trial demand can be filed until an indictment or accusation is returned. A constitutional speedy trial demand can be filed, but it does not force the prosecutor to trial quickly. Because your friend is represented, he cannot file either speedy trial demand on his own.
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