speedy trial issue
In 2008, A defendant in another county in Texas confesses to law enforcement agency that he sexually assaulted a child in their jurisdiction. In the same confession he states he sexually assaulted the same victim in another county in Texas. The county he confesses the crime to convicts him but the case is reversed by the Court of Appeals on technical issues unrelated to the confession. In 2011 the county that did not prosecute him is apprised of the possible charges. Are speedy trial issues raised if the "state" knew about the charge but the local law enforcment agency did not have knowledge?
July 05, 2011, 11:04
Andrea WThe question isn't when the State
knew about the case, but when the defendant was arrested or indicted for it. The Sixth Amendment only comes into play when someone is "accused". ("In all criminal prosecutions, the accused shall have the right to a speedy and public trial.") Until there's an arrest or an indictment, then you don't have a right to a speedy trial. See
US v. Marion, 404 US 307, 313 (1971). In order to get a speedy trial consideration at all, the defendant has to pass the "triggering factor" of a presumptively prejudicial delay, which is counted from the arrest or indictment.
Doggett v. US, 505 US 647, 652 (1992). So since he was never arrested or indicted on
your case, I don't think you have a speedy trial worry.