If a defendant waives his 1 year speedy trial while the co-defendant does not, does a judge have to grant a severance when asked?

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If a defendant waives his 1 year speedy trial while the co-defendant does not, does a judge have to grant a severance when asked?

I want to know if this is a violation of rights or a technicality that would allow a severance of trial between co defendants. One defendant waives right to one year speedy trial while the other does not. Defendant #1 wants to sever trial on various grounds that should be obvious to the judge. Is the one year waiver a technicality or a violation of the defendants rights if the severance is denied?

Asked on April 11, 2012 under Criminal Law, Iowa

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If two co-defendants are charged with the same crime arising out of the same event where one waives his or her right to a speedy trial and the other does not, the court is required to grant the request of one of the two defendants to sever the trial where instead on one trial there will be two trials if trial cannot be made in the one year time period.

If the severance request is denied and one defendant does not waive the right to a speedy trial, the court will be forced to advance the trial of the action within the required time period to try the case and if not, one of the defendants will have his or her case dismissed. 


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