[choosinganangel]

Can anyone please Cite for me the exact law that supersedes state "unspecific" laws, pertaining to speedy trial timelines in Utah for Criminal Class B Misdemeanor?

[Fr_Chuck]

Prior Utah case law,

The 6th amendment now applies to states ( did not always, it first only applied Federal Courts). There is no specific time frame and it can vary according to local court schedules. At least in GA, common practice is those held in jail ( did not make bail) it will be somewhere between 6 months and 12 months, depending on evidence processing time.

If the person has made bail, normally speedy trial is not held as important, since there is no issue of freedom.

[stinawords]

Right, the speedy trial is meant to keep things moving along for the person on trial. Those that are being held in jail go first where I am as well. It is their right to a speedy trial so there can be a ruling on if guilty or not. If found not guilty they need to be able to get on with their life. A B Misdemeanor shouldn't take more than a couple months (unless the courts are really backlogged).

[AK lawyer]

As the others have mentioned, while the federal speedy trial constitutional guarantee does pertain to the states, there is no hard and fast US constitutional time limit.

One should therefore check the Utah constitution, statutes, and court rules to see if that state has a more specific speedy-trial provision.

"77-1-6. Rights of defendant. (1) In criminal prosecutions the defendant is entitled:
(a) To appear in person and defend in person or by counsel;
...
(f) To a speedy public trial by an impartial jury of the county or district where the offense is alleged to have been committed;
...
(h) To be admitted to bail in accordance with provisions of law, or be entitled to a trial within 30 days after arraignment if unable to post bail and if the business of the court permits." http://le.utah.gov/code/TITLE77/htm/77_01_000600.htm

Utah Constitution Article I, Section 12. [Rights of accused persons.]
"In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed ..." http://le.utah.gov/code/CONST/htm/00I01_001200.htm

Also, See Utah Rule of Criminal Procedure 17.

[smoothy]

Look at how long OJ Simpson sat in jail before his last trial and conviction... speedy is a subjective term even being bound to all the terms previously mentioned and quoted when the alternative can be an indefinate period as exists in some countries.