(Download) "State West Virginia v. Todd Drachman" by Supreme Court of Appeals of West Virginia * Book PDF Kindle ePub Free
eBook details
- Title: State West Virginia v. Todd Drachman
- Author : Supreme Court of Appeals of West Virginia
- Release Date : January 15, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
1. The Sixth Amendment speedy trial right begins with the actual arrest of the defendant and will also be initiated where there has been no arrest, but formal charges have been brought by way of an indictment or information. 2. In those situations where there has been no arrest or indictment, the Sixth Amendment right to a speedy trial is not implicated. Yet, the prosecution may have substantially delayed the institution of criminal proceedings causing prejudice to the defendant by way of loss of witnesses or other evidence. In this situation, the Fifth Amendment due process standard is utilized.
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