[amibru]

My son is in jail in Oregon for parole violation. The same charge is against him in the State of Washington. He wrote a letter to Clark County, WA requesting a speedy trial. Does Washington have to grant him a speedy trial (within 60 days) if he is in an Oregon jail. Many thanks.

[magprob]

His Due Process has been used up. He is doing his jail time from the original sentence.

[excon]

Hello ambi:

I really don't know the answer... However, it would seem that the speedy trial rule couldn't be enforced until he's actually in the state. How could the trial proceed? How could he defend himself if he's not there? He does have a right to confront his accusers. You don't want him convicted in absentia, do you?

I'll bet, during his time in Oregon, he'll have a Washington hold on him. When Oregon is done with him, Washington will pick him up. When they get him in the Clark county jail, the 60 day clock will begin.

excon

[Fr_Chuck]

This is a yes and no, he first can't just write a letter, he has to file a motion. But since currently he is being held on the parole vioation and if they violate his parole he will go back to prison in his current state to serve the rest of that sentence.

So his first real legal problem is his parole violation and he needs to be working on that first.

As to the speedy trial, they don't have to grant it, since they can show it can not proceed since he is not available currently to be questioned or to aid in his defense ( not present for court)

Also both sides can ask for time for legal motions, evidence and more.

In most criminal cases, if he actually gets to trial within 12 months that is a speedy trial by today's standards.

Average time in GA was well over a year.