A judicial warrant is required to arrest or imprison a citizen, unless the arrest occurs during or shortly after the commission of a crime. An arrestee has the immediate right to counsel. Any charges shall be made in a courtroom open to the public and the media. An arrestee has the right to personally appear in court, and to have the validity of the arrest or detention determined within 72 hours by an independent judge. They also have the right to counsel and the public present in court when this determination is made. Everyone who is charged with any criminal offense has the right to be released before trial absent a showing that they will flee or are a danger to others. Within three months of arrest, the accused has the right to a fair public trial, including the presence of media from any country. The accused may choose whether the trial is by an independent and impartial court, or a jury of at least six citizens. If a jury is chosen, their decision must be unanimous. The accused has the right to be presumed innocent until proven guilty.
Three months to trial is awfully tight.
Three months is fairly typical amount of time and is the norm in California if the client doesn’t waive time. It is quick but important in order to prevent people from languishing in custody.
Thanks for the thoughts on this time period. A specialist in criminal law recommended it and it seems to make sense as long as their are arrangements for someone to be released before trial based on certain circumstances.
There could be a provision that addresses the idea of Speedy Trial rights that the time can be waived by the client only and withdrawn at anytime restarting the 90 day clock. Often in complicated criminal cases clients waive time in order to allow for counsel to investigate and prepare the defense of their clients. A mechanism that allows for the waiver of time and withdrawal of that waiver allows the client to have some control over their cases and addresses the concern that 90 days is too short of a time period to be prepared to defend a criminal prosecution.
Arrests cannot be made on whim or at random. There must a warrant issued by a judge for there to be an arrest unless the arrest occurs during or shortly after the commission of a crime. This is a bulwark against impunity.