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Waived right to speedy trial

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Baby Face

Junior Member
What is the name of your state? Hawaii. My brother waived his rights to a speedy trial in Sept. 2005, at his first court appearance, as he was advised by the public defender's office to waive the right, so that they could help him establish his defense (they needed add'l time to interview witnesses, etc.). This morning (10 months later), there was another trial call, and there was yet another continuance (this is the FOURTH continuance on his case.) He is charged with unauthorized control of a propelled vehicle, and is being held on $20,000 bond. My question is this (and I know the State can weasel out of anything!)...does the State now have the right to continue this case for an infinite amount of time, since he did waive his right to a speedy trial? Or is there some saving grace of a statute to force them to expedite this? This morning the court set the new trial call date to Sept. 25, which will pass the year mark of his incarceration.

garrula lingua

Senior Member
His atty has to be 'waiving time' on your brother's behalf.

At each appearance, time is waived for a particular period (eg next appearance is 0 of 45 days - meaning jury trial must be set within 45 days of that date, or time is waived, by the defendant, again, during that period).

It sounds like the PD doesn't want to go to trial on this case.

garrula lingua

Senior Member
....has your brother been in custody all this time ? (if he bonded out, he generally wouldn't qualify for the PD).

What was the offer from the Prosecutor ? It may be just time served.
Defendants, in custody, get priority in jury trial setting and are usu handled quickly.

Did he make an agreement, with the Prosecutor to waive time til a certain date, then plead, for time served ?

His problem has to be the PD if he wants a trial & it keeps getting cont'd. Are they searching for a witness, or what ?

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