Friday, April 10, 2009

How long can the government wait before it infringes on my right to a speedy trial?

2 1/2 Years ago, I got caught stealing over $200K from my company. Since then I gave a full confession to the authorities, yet I have had nothing happen to me. I haven't been arrested or anything. How long can the government wait before it infringes on my right to a speedy trial/arrest?


According to the source link I posted below, a defendant's rights under the Speedy Trial Clause of the Sixth Amendment are triggered by "either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge." United States v. Marion, 404 U.S. 307, 320 (1971). Since you have not been indicted nor arrested, this does not apply to you.

What you should be concerned with is the statute of limitations. This varies and is dependent upon what state the theft occurred in and the amount that was stolen.

Hey, they can declare you a terrorist, and you have no rights at all, and can completely disappear forever.

i think keep stalling,,,

but it does suck to be dragged on and on

If you have not been arrested or charged with the crime then there is no trial to be sped up.There is no right to the time of arrest.You are not entitled to a speedy arrest.

It depends. If you haven't been charged there's no requiremetn for a "speedy trial", is there? I hope they do it soon though. A thief is one of the lowest forms of life. They should throw the book at you if stole $200k.

Speedy trail has nothing to do with arrest. If you havent been arrested, it's probably because they dont have a case. They have until the running of the statute of limitations to arrest you though. If you confessed to yakking over 200K, they are probably still investigating...possibly co defendants to build the case.

Again, speedy trail is what is guaranteed after arrest. You have no "right" to a speedy arrest.

You would need to speak with an attorney and that is a good idea if you have confessed to stealing that much money. Have you bee charged formally? If not, they may not prosecute you, I'd bet the company could also bring you to court to recover their money in a civil matter.

The short answer is the authorities can take quite a long time. Speak with an attorney. If you don't have one contact your counties bar association for referral.

If you pled guilty to it already it may pretty much be over. I would watch out for income tax time. If you don't get a return, then it's over. Also be alert for payroll deductions. Usually when you plead guilty there's no need for a trial. The government is very very aware of all laws in reference to trial.

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