in criminal prosecutions, the right of a defendant to demand a trial within a short
time since to be held in jail without trial is a violation of the "due process"
provision of the 5th Amendment (applied to the states by the 14th Amendment). Each
state has a statute or constitutional provision limiting the time an accused person
may be held before trial (e. g. 45 days). Charges must be dismissed and the defendant
released if the period expires without trial. However, defendants often waive the
right to a speedy trial in order to prepare a stronger defense, and if the accused
is free on bail he/she will not be hurt by the waiver.
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