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Speedy trials rarely benefit the defense because the state is ready to go to trial the day they filed the charges: their case has been investigated, their witnesses are subpoenaed, and they have often had a dry run at trial via the grand jury.

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THE PROCESS - HOW IT WORKS
Once a criminal charge has been brought, and either an information or indictment filed, the case will go through a series of relatively predictable steps.

First, the defendant is arraigned: this is the time where you learn of the formal charges against you, the judge advises you of your rights, and those who qualify are appointed public defenders.

Next, trial dates are set. For in-custody defendants in Oregon, cases are set within 60 days, unless the defendant agrees to a setting outside that time period. All other hearings in the case will be set in relation to the trial date. Most courts have an appearance just prior to the trial date, sometimes called "call" or something like that. The purpose is to have both sides in the same room saying, "yes, we are ready for trial", to conserve judicial resources. Sometimes, both sides will admit they are not ready for a trial at that time, witnesses have been lost, and occasionally, the state will attempt to settle the case this late due to other reasons.

Speedy trials rarely benefit the defense because the state is ready to go to trial the day they filed the charges: their case has been investigated, their witnesses are subpoenaed, and they have often had a dry run at trial via the grand jury. The defense on the other hand, needs to locate witnesses, interview them, obtain experts (and then coordinate with their busy schedules), conduct independent tests, obtain evaluations of the defendant if appropriate, etc. This very rarely can be done within 60 days.

It is frustrating, but one of the most important things in defending a criminal case is to do everything possible on the front end to avoid a conviction: coulda-woulda-shoulda is not going to support your family during an unearned penitentiary sentence.

You can trust that a skilled lawyer will ensure every possible avenue is explored to minimize the damage this accusation will have on your life.



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