What to do when your speedy trial rights are violated by public defender!?

This is a discussion on What to do when your speedy trial rights are violated by public defender!? within the Trials & Sentencing forum, part of the Other Criminal Law Matters category; My fiance was put in jail in early july of 09 for Violation of Probation on a misdemeanor charge. He ...

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Old Oct 20th, 2010, 10:17 PM   #1
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Confused What to do when your speedy trial rights are violated by public defender!?

My fiance was put in jail in early july of 09 for Violation of Probation on a misdemeanor charge. He was then indicted with federal charges. Shortly after that he was indicted on state charges the state charges where as is One case: 2 Capitol Felonys Another Case: One capitol Felony. He was appointed a Public Defender. The Feds wanted to go ahead and get there case out of the way before the state. He was then moved from Duval County to Folkston county in Georgia December 17th of 09. December 18th of 2009 his speedy trial rights for the state charges were waivered without his permission by his public defender. He NEVER agreed to this. He was finially finished with the federal charges and sentenced in september of 2010. He is now back in Duval County and he has been appointed a new public defender for what ever reason. His new public defender told him he should write the Florida Bar Association about his speedy trial rights being violated by his old public defender. I want to know myself from anyone who can help..What should he do??????? Is there any way he can start his state trial and stuff over meaning new judge new state attorney on the case and be able to request a speedy trial since he didnt even get a say so before??????Please help!!!
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Old Oct 20th, 2010, 10:50 PM   #2
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Default Re: What to do when your speedy trial rights are violated by public defender!??? Pls

I wish to inform you that a right to speedy trial has been provided under Sixth Amendment. In this regard your fiance can seek to enforce rights of the person. Further, right to have a fair hearing is also provided under Sixth Amendment. In this regard your fiance may seek change of state and judge on the ground that he has not been able to have fair trial. Further reasons for change of state must be expressibly shown.

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Old Oct 20th, 2010, 10:59 PM   #3
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Default Re: What to do when your speedy trial rights are violated by public defender!??? Pls

Ok, how would he go about doing this???
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Old Jan 11th, 2011, 10:25 PM   #4
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Default Re: What to do when your speedy trial rights are violated by public defender!?

Waiver of speedy trial is not a fundemental decision to be made by a defendant. Here is the caselaw. Jones v. Barnes, 463 U.S. 745, 751 (1983) westlaw / google (defendant has ultimate authority to make these fundamental decisions: whether to plead guilty, waive a jury, testify in his or her own behalf, and appeal).
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