srothstein wrote:I do agree that many DA's (almost any good one) will not go to a grand jury if he does not think he can win in a trial. It makes no sense to indict an unwinnable case because the speedy trial act does begin then. The recent changes in the speedy trial act may make this irrelevant though.
In a complicated case, most attorneys will waive the right to a speedy trial so that they can have time to present a proper defense, or in Joe Horn's case, let the publicity die down. If the defendant does not waive the right to a speedy trial, the DA may eventually be compelled to dismiss the charges. However, this doesn't mean the defendant is off the hook.
After the original charges are dismissed, the defendant may be re-charged and arrested again, resetting the "speedy trial" clock. This may seem to be double jeopardy, but it isn't.
