Arizona constitution speedy trial


















Constitution, and our rights all American citizens share. Your federal constitutional rights relating to crimes and arrests include the right to freedom of speech, the right to bear arms, the right to be free from unreasonable searches and seizures, and the right to avoid arrest except under probable cause.

Furthermore, the Constitution gives you the right to due process of law, a speedy trial, and trial by jury. The U. You also have the right to an attorney. You have the right to raise defenses against criminal charges, such as the defense of improper search and seizure, or failure to read Miranda rights. However, a skilled California criminal defense lawyer will have the resources and legal expertise necessary to formulate a solid defense on your behalf.

This includes understanding whether or not your right to a speedy trial has been violated by the federal or state courts. If your right to a speedy trial has been violated, your criminal defense lawyer will understand how to file a Serna motion in an effort to get the charges against you dismissed. Just because you think your right to a speedy trial has been violated does not mean that that is how the prosecutors or a judge will see it. However, having a skilled Riverside criminal defense lawyer by your side will significantly increase your chance of success in getting your charges dismissed.

No person shall be deprived of life, liberty, or property without due process of law. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that right. The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

No person shall be disturbed in his private affairs, or his home invaded, without authority of law. No law granting irrevocably any privilege, franchise, or immunity shall be enacted. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.

Justice in all cases shall be administered openly, and without unnecessary delay. The liberty of conscience secured by the provisions of this constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment.

No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.

No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the state. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

No conviction shall work corruption of blood, or forfeiture of estate. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches, on or across the lands of others for mining, agricultural, domestic, or sanitary purposes.

No private property shall be taken or damaged for public or private use without just compensation having first been made, paid into court for the owner, secured by bond as may be fixed by the court, or paid into the state treasury for the owner on such terms and conditions as the legislature may provide, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation therefore be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law.

Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public. There shall be no imprisonment for debt, except in cases of fraud.

Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence, when legally called upon to do so, on the ground that it may tend to incriminate him under the laws of the state; but no person shall be prosecuted or subject to any penalty or forfeiture for, or on account of, any transaction, matter, or thing concerning which he may so testify or produce evidence.

The military shall be in strict subordination to the civil power. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

All persons charged with crime shall be bailable by sufficient sureties, except: 1. For capital offenses, sexual assault, sexual conduct with a minor under fifteen years of age or molestation of a child under fifteen years of age when the proof is evident or the presumption great. For felony offenses committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.

For felony offenses if the person charged poses a substantial danger to any other person or the community, if no conditions of release which may be imposed will reasonably assure the safety of the other person or the community and if the proof is evident or the presumption great as to the present charge. For serious felony offenses as prescribed by the legislature if the person charged has entered or remained in the United States illegally and if the proof is evident or the presumption great as to the present charge.

The purposes of bail and any conditions of release that are set by a judicial officer include: 1. To a speedy trial or disposition and prompt and final conclusion of the case after the conviction and sentence. To have all rules governing criminal procedure and the admissibility of evidence in all criminal proceedings protect victims' rights and to have these rules be subject to amendment or repeal by the legislature to ensure the protection of these rights.

B A victim's exercise of any right granted by this section shall not be grounds for dismissing any criminal proceeding or setting aside any conviction or sentence. C "Victim" means a person against whom the criminal offense has been committed or, if the person is killed or incapacitated, the person's spouse, parent, child or other lawful representative, except if the person is in custody for an offense or is the accused.



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