skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 62800 Find in a Library
Title: SPEEDY-TRIAL LAW
Author(s): R L FARB
Corporate Author: University of North Carolina at Chapel Hill School of Government
United States of America
Date Published: 1978
Page Count: 16
Sponsoring Agency: University of North Carolina at Chapel Hill School of Government
Chapel Hill, NC 27599-5381
Publication Number: NO 78/11
Sale Source: University of North Carolina at Chapel Hill School of Government
Knapp-Sanders Building
Campus Box 3330
Chapel Hill, NC 27599-5381
United States of America
Language: English
Country: United States of America
Annotation: THE NORTH CAROLINA LAW REQUIRING THE TRIAL OF CRIMINAL CASES WITHIN 120 DAYS IN 1978 AND WITHIN 90 DAYS BY OCTOBER 1980 IS DISCUSSED.
Abstract: THE MEMORANDUM DESCRIBES LEGISLATION AND RESEARCH ON SPEEDY TRIALS CONDUCTED BY NORTH CAROLINA PRIOR TO 1978. THE STATE LAW APPLIES TO ANYONE ARRESTED FOR A CRIMINAL OFFENSE, SERVED WITH PROCESS, OR INDICTED ON OR AFTER OCTOBER 1, 1978. ONLY A DEFENDANT CAN MOVE TO DISMISS THE CASE IF IT IS NOT TRIED WITHIN THE TIME LIMITS. A JUDGE CAN DISMISS A CASE WITH OR WITHOUT PREJUDICE, BUT THE LATTER DISMISSAL DOES NOT PREVENT A NEW PROSECUTION. APPEAL PROCEDURES AND THEIR TIME LIMITS ARE DETAILED. THE LAW PROVIDES 11 PERIODS OF DELAY THAT ARE EXCLUDED FROM THE TIME LIMITATIONS INCLUDING DISMISSALS TAKEN BY PROSECUTORS, CONTINUANCES, PROCEEDINGS CONCERNING THE DEFENDANT, AND THE ABSENCE OF THE DEFENDANT OR AN ESSENTIAL WITNESS. UNLIKE DISMISSALS TAKEN BY PROSECUTORS, THE JUDGE-ORDERED DISMISSALS DO NOT HAVE ANY EXCLUSIONARY PERIODS OF DELAY WHICH TOLL THE TIME LIMITATION. THEREFORE, IF AFTER A DISMISSAL A NEW CHARGE BASED ON THE SAME OFFENSE IS BROUGHT, THE TIME LIMITATION FOR THE NEW CHARGE BEGINS FROM THE ARREST, INDICTMENT, OR INFORMATION FOR THE INITIAL CHARGE. CASES CAN ALSO BE EXCLUDED IF THEY ARE IN RURAL COUNTIES WITH LIMITED COURT SESSIONS. THE TEXT OF THE LAW AND ITS AMENDMENTS ARE APPENDED. (MJM)
Index Term(s): Court delays; North Carolina; Right to speedy trial; State laws; Trial procedures
Note: *This document is currently unavailable from NCJRS.
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=62800

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.