How many times can a trial be continued?

There is no limit on the number a times a case can be continued. There is an urban legend that each side gets three continuances, but that is just not the case. The real question is whether the prosecution has met their obligations under Rule 600, which is Pennsylvania’s speedy trial rule.

Is the right to speedy trial applicable to all criminal cases?

The right to speedy trial extends equally to all criminal prosecutions and is not confined to any particular category of cases. STATE OF MAHARASHTRA & ORS. — RESPONDENT (S)

Is there a conspiracy to defeat the Speedy Trial Act?

As a result, in many cases there winds up being a conspiracy between the government, the court, and, sometimes, the defendant to defeat the Speedy Trial Act. The Act excludes any time that a motion is pending during the 70 day time.

When does a defendant want more time to prepare for trial?

Normally, a person charged with a federal crime – be it a white-collar crime or a drug distribution charge – has spent less time looking at the government’s evidence than the government. Often, a defendant is going to want more time to prepare for trial than the 70 days provided by the Speedy Trial Act, at 18 U.S.C. 3161.

What are the revised guidelines for continuous trial of criminal cases?

The Revised Guidelines for Continuous Trial of Criminal Cases (Revised Guidelines) shall apply to all newly-filed criminal cases, including those governed by Special Laws and Rules, in the First and Second Level Courts, the Sandiganbayan and the Court of Tax Appeals as of effectivity date.

What are the rules for pretrial confinement in the military?

Once the person is put into pretrial confinement there are some due process rights that attach and a procedure that must be followed. The rules can be found in UCMJ, Articles 9 and 10, and Rules for Courts-Martial 304 (other than confinement) and 305 (pretrial confinement), as well as some implementing regulations.

How long does a military judge have to review a confinement decision?

The military justice system requires a review of the confinement decision within 48 hours. Within 72 hours, the military member is entitled to have his commanding officer review whether his continued confinement is appropriate.

Is there day for day credit for pretrial confinement?

There can be situations where there is at least day for day credit for unlawful pretrial restriction and for restriction tantamount to confinement. This is known as ‘Mason credit.’

Can a person be held in physical confinement in the military?

These individuals may not be required to perform full military duties such as supervising, serving as guard, or bearing arms. They may be required to do ordinary cleaning or policing or to take part in routine training and duties. Again, no physical confinement is involved.