What is a Hicks date?

What is a Hicks date?

Under a State statute and related court rule, collectively known as the “Hicks rule,” a criminal trial in a circuit court must commence within 180 days of the first appearance of the defendant or defense counsel in that court, a deadline known as the “Hicks date.” Unless the defendant consents to a trial date beyond …

What is waiver of Hicks rule?

No excuses on ‘Hicks Rule’ Prosecutors ignore state’s timely trial law at the public’s peril. If scheduling problems and postponements make it impossible to try the case within this time frame, state law allows prosecutors to file for a waiver. Most judges routinely grant these requests.

What does initial arraignment moot mean?

The term moot in the context of your question means that the issue before the court is of no further importance and does not need to be ruled upon because it has been dealt with in some other way…

What is a speedy trial in Maryland?

The Right to a ‘Speedy Trial’ and the Role it Plays in Your Maryland Criminal Case. The rules for a speedy trial require that the state try a defendant within 180 days of the defendant appearing in court or a lawyer representing the defendant making an entry of appearance on behalf of that defendant.

How long is too long for a speedy trial?

While there is no hard and fast rule on how long is too long, one rule of thumb is eight months. Courts will generally presume that the delay has been sufficient to satisfy a defendant’s prima facie case of the denial of the right to a speedy trial when eight months have passed.

Why speedy trial is important?

Right to a Speedy Trial: This right is considered one of the most important in the Constitution. Without it, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to assuring that a criminal defendant receives a fair trial.

Why would a defendant waive their right to a speedy trial?

A defendant can explicitly waive his right to a speedy trial, which he may do to take more time to prepare his defense. A defendant could also implicitly waive his right to a speedy trial if a trial delay is the defendant’s fault, or if he doesn’t assert his right to a speedy trial before the trial begins.

What does waiver of time filed mean?

The Sixth Amendment and various state laws guarantee a defendant’s right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to “waive time”—that is, to agree to the proceedings moving slower than state law provides.

What is a waiver of time?

The process whereby an individual permits a court to take longer than usual in trying him or her on a criminal charge.

What happens if you waive your right to an attorney?

Waiving the Right to Counsel During Custodial Interrogation—Fifth Amendment. If law enforcement questions you in custody without advising you of your rights and getting a waiver, your statements will very likely be inadmissible in the case against you.

What is the right to be present?

General Rule. The accused has a right “to be present in his own person whenever his presence has a relation, reasonably substantial, to the fullness of his opportunity to defend against the charge.” Snyder v.

Should you waive your right to remain silent?

If you choose to give up your right to remain silent, anything you say can and will be used against you in a court of law!! You have the right to an attorney and the right to have that attorney present during questioning. If you cannot afford an attorney, one will be appointed to represent you.