What's the average waiting time a person spends in jail between an arrest and a trial in your country?
This has always been a problem in Poland, with people spending many months, or sometimes even a couple of years or longer in jail before being brought to a trial (technically, you cano only keep them for 3 months, but prosecutors can ask judges to extend that, and judges too often do).
In the US, most people are released on bail while awaiting trial.
District Court of Maryland is roughly 4-6 weeks from point of arrest to initial court appearance, and that includes the Pla-Doh Fun Factory of Baltimore city.
My big case last summer, let's see, the client spent.... 347 days (11.5 months) in jail locked up 23 hours a day, from arrest to ultimate acquittal on the main charge, since he couldn't make the $250,000 bail. Lost his wife, children, job, sanity, and regard for society as a whole in the meantime. :showoff: US criminal justice at work!
Quote from: CountDeMoney on November 22, 2011, 06:20:07 AM
District Court of Maryland is roughly 4-6 weeks from point of arrest to initial court appearance, and that includes the Pla-Doh Fun Factory of Baltimore city.
Yeah after 4 weeks in Baltimore City jail, I think I'd be ready to take any plea agreement under the sun ("Plead to 17 felonies with a $470,000 fine, 65,000 hours of community service, and 35 years of enhanced probation with Strix as my PO? You got it!"), if it lets me GTFO.
Quote from: dps on November 22, 2011, 06:18:26 AM
In the US, most people are released on bail while awaiting trial.
94% of state defendants (IIRC it's a little higher for federal defendants) plead out and never go to trial. Another few percent have their charges dismissed. For the miniscule percent actually going to trial, I highly doubt the majority make bail, especially for serious charges (which are usually the only ones worth fighting).
Quote from: Capetan Mihali on November 22, 2011, 08:39:04 AM
My big case last summer, let's see, the client spent.... 347 days (11.5 months) in jail locked up 23 hours a day, from arrest to ultimate acquittal on the main charge, since he couldn't make the $250,000 bail. Lost his wife, children, job, sanity, and regard for society as a whole in the meantime. :showoff: US criminal justice at work!
if you're wife can't wait 11.5 months before she's shacking up with someone else then the criminal justice of america did him a favour :contract: Over all situation sucks, though you said he was acquitte don the main charge. i take that to mean he was convicted on the other charges?
Quote from: CountDeMoney on November 22, 2011, 06:20:07 AM
District Court of Maryland is roughly 4-6 weeks from point of arrest to initial court appearance, and that includes the Pla-Doh Fun Factory of Baltimore city.
WTF - you get your initial court appearance in 24-48 hours if you're detained, though 4-6 weeks if you're not.
Trying to say time between arrest and a trial
in your country is absolutely foolish, because it varies so much. Geography is the biggest factor, but also length of trial, mode of trial (judge alone verses jury), type of evidence being called, etc.
Lets take a one day, judge alone trial, accused out of custody. In Edmonton we're looking at about 9 months from date of plea. There san be weeks or months of monkeying around in court before a plea is entered, but that is invariably defence's fault. In Yukon we could book trials in a similar situation inside of three months.
In custody accuseds are faster - in Yukon I've had to tell the trial co-ordinator that NO, we could not set a trial for 12 days down the road. In Edmonton, an in-custody accused could probably get a date 4-5 months away.
Quote from: dps on November 22, 2011, 06:18:26 AM
In the US, most people are released on bail while awaiting trial.
Well, same in Poland. I mean cases where they keep you in the jail because you are deemed dangerous or could intimidate witnesses or stuff. Usually murder, serious robbery etc.
I thought about adding this clarification in my OP, but then thought people here are smart enough to figure this out.
Quote from: Barrister on November 22, 2011, 09:45:28 AM
Quote from: CountDeMoney on November 22, 2011, 06:20:07 AM
District Court of Maryland is roughly 4-6 weeks from point of arrest to initial court appearance, and that includes the Pla-Doh Fun Factory of Baltimore city.
WTF - you get your initial court appearance in 24-48 hours if you're detained, though 4-6 weeks if you're not.
I think in most places here you'll get your arraignment within 72 hours, and hopefully meet your lawyer.
I don't know. My civil trial still hasn't a date. I dont even think it's been treated yet.
Seems to be about a year for major cases. Probably shorter for lesser charges. I know we have some kid who's been cooling her heels for over two years concerning a murder case. She was 15 when the murder took place and prosecutor wants to try her as an adult. I think he stalling the process so she'll look older when they actually have the trial. He keeps withholding evidence from the defense and other minor dick moves.
I don't know and have no intention of getting caught and finding out.
N.B., Anders Behring Breivik was actually illegally imprisoned for a while when political pressure on the police forced them to ask politically pressurized judges to grant a period of imprisonment longer than legal. Normally the police can detain a person under suspicion for 48 hours and after that a person can only be detained for 2 weeks at a time on the grounds of securing the collection of evidence and risk of flight. They also illegally accessed his sealed files from the child protection agency and have been fucking around with the 2nd job of one of his lawyers (who works part time for a government agency).
Quote from: Barrister on November 22, 2011, 09:45:28 AM
Quote from: CountDeMoney on November 22, 2011, 06:20:07 AM
District Court of Maryland is roughly 4-6 weeks from point of arrest to initial court appearance, and that includes the Pla-Doh Fun Factory of Baltimore city.
WTF - you get your initial court appearance in 24-48 hours if you're detained, though 4-6 weeks if you're not.
Trying to say time between arrest and a trial in your country is absolutely foolish, because it varies so much. Geography is the biggest factor, but also length of trial, mode of trial (judge alone verses jury), type of evidence being called, etc.
Lets take a one day, judge alone trial, accused out of custody. In Edmonton we're looking at about 9 months from date of plea. There san be weeks or months of monkeying around in court before a plea is entered, but that is invariably defence's fault. In Yukon we could book trials in a similar situation inside of three months.
In custody accuseds are faster - in Yukon I've had to tell the trial co-ordinator that NO, we could not set a trial for 12 days down the road. In Edmonton, an in-custody accused could probably get a date 4-5 months away.
OK, then. You see a commissioner with 24 hours, you get your trial date/preliminary hearing in 4-6 weeks. Happy now?
Christ, lawyers are anal-retentive as all fuck.
We don't have trials per se. The two sides bring as many armed men as possible to the Ting and try to overawe the opposition. Combat at the Ting is frowned upon, but making sure people don't get there in one piece isn't.