How to File an Appeal for a Speedy Trial in Mississippi
Speedy trials are the constitutional right of all Americans. As stated in the Sixth Amendment of the Constitution: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed." All states also have their own trial expedition statutes. The state of Mississippi, for example, ensures a speedy trial for all of its accused. Filing an appeal for a speedy trial is accomplished if the petitioning party can provide grounds showing the process is being unnecessarily delayed.
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Things You'll Need
- Case number
- Personal identification
- Motion to expedite petition
- Counterclaim petition
Instructions
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Monitor all timelines and deadlines associated with your case. In Mississippi, for example, a trial must commence no later than 90 days following the incarceration of an alleged criminal. Keep track of all attempts the opposing defense team may make to stall or delay proceedings.
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File a Motion to Expedite with the judge or office of the clerk for the Mississippi Court overseeing the case. A Motion to Expedite is a request by a legal team to disallow court delays or rush the examination of evidence. Explain why expedition is necessary -- the defendant is in a high-risk security dilemma, for example. Include any pertinent supporting documentation to substantiate the motion. Invoke the U.S. Constitutional Sixth Amendment and the Mississippi Speedy Trial Act of 1974 as legal evidence of your right to expedition.
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File a Counterclaim Petition with the judge or office of the clerk for the Mississippi Court overseeing the case. A Counterclaim Petition is a complaint against a motion filed by an opposing legal party. You can file a complaint against a petition to delay proceedings, for example, if the opposing legal party attempts to stall the court process for any reason. Invoke the U.S. Constitutional Sixth Amendment and the Mississippi Speedy Trial Act of 1974 as legal evidence of your right to a trial without delay.
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References
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