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Reply #3: Remember the "Speedy Trial" rule, i.e. 180 days [View All]

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happyslug Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Apr-13-09 09:51 PM
Response to Original message
3. Remember the "Speedy Trial" rule, i.e. 180 days
Edited on Mon Apr-13-09 10:08 PM by happyslug
Now the Defense can ask for a Continuances and that EXTENDS the 180 days (in most states), but any delays caused by the prosecution does NOT. One of the reason for the original OJ Simpson trial was so unorganized by the prosecution is they were NOT prepared to start within 180 days, but the defense was and thus the defense did NOT need to ask for any continuances. Could the Prosecution being looking at the same thing here? Thus switching to the Death Penalty is more an attempt to force the Defense to ask for a Continuance, to get a death penalty certified lawyer, then any other reason.

Now the Murder occurred in December, but when was she arrested? That is when the Speedy trial requirements starts. From what I seen on the net she was under arrest in February, but that article did NOT said when she was arrested. 180 days is only six months and the Court MAY not be able to Schedule the trial within the 180 days unless it is scheduled soon. Any defense motion for a Continuance to get a new lawyer STOPS the 180 days from running. Thus this may be a effort by the Prosecution to force the Defense to ask for a continuance so that the Prosecution can have more time to prepare.

Check Wikipedia, she was indicted on October 14, 2008, thus 180 days is April 14, 2008. Now any defense Continuances would have extended the 180 days, but as soon as those were ended, the 180 days would have started to run again. I suspect the prosecution wants more time to prepare their case and views a request for the Death Penalty they best way to get the Defense to agree to a continuance or force the defense to request one itself.
http://en.wikipedia.org/wiki/Caylee_Anthony_disappearance

One web site says it is 175 days in Florida:
http://www.criminaldefenseattorneytampa.com/FloridaDefenses/SpeedyTrial.aspx
http://research.lawyers.com/Florida/Criminal-Process-in-Florida.html
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