The commander overseeing military operations in Los Angeles said that troops deployed to the city can temporarily detain individuals but cannot make arrests.
That’s fucking bullshit. Detaining people is absolutely a law enforcement operation.
Even an arrest is temporary if we haven’t thrown out due process. Habeas Corpus means a judge has to look at things, and decide to extend the detention until trial. Also, the trial has to be “speedy”.
It’s probably not good that there is a mechanism for legally detaining someone for months without them being an imminent threat to themselves or others. But, that’s been status quo as long as I’ve been drawing breath, so I’m used to it.
I believe most defendants choose to waive their right to a speedy trial in order to have more time to prepare. It’s so common that many judges schedule themselves under that assumption and some will even be biased against persons that do not waive that right.
[Judge] Murphy was angry with [attorney] Weinstock because the public defender wouldn’t waive a client’s right to a speedy trial, the complaint says.
I was arrested and bond was set ridiculously high and didn’t waive my speedy trial rights because I wanted to go to trial ASAP and get out of jail. The judge delayed it twice on me and I spent 270 days in jail until I found a bail bondsman who didn’t require any collateral because he believed someone who spent 270 days in jail instead of pleading out for time served wouldn’t jump bail. Charges were dropped shortly after I bailed out. I am not sure how they justified delaying my trial over and over but it was 100% bullshit.
Even an arrest is temporary if we haven’t thrown out due process. Habeas Corpus means a judge has to look at things, and decide to extend the detention until trial. Also, the trial has to be “speedy”.
It’s probably not good that there is a mechanism for legally detaining someone for months without them being an imminent threat to themselves or others. But, that’s been status quo as long as I’ve been drawing breath, so I’m used to it.
Yeah, speedy trials haven’t been a reality since…ever?
I believe most defendants choose to waive their right to a speedy trial in order to have more time to prepare. It’s so common that many judges schedule themselves under that assumption and some will even be biased against persons that do not waive that right.
– https://www.abajournal.com/news/article/judge_who_challenged_public_defender_to_fight_then_heard_7_cases_without_co
Huh. I was not at all aware of this. Interesting!
I was arrested and bond was set ridiculously high and didn’t waive my speedy trial rights because I wanted to go to trial ASAP and get out of jail. The judge delayed it twice on me and I spent 270 days in jail until I found a bail bondsman who didn’t require any collateral because he believed someone who spent 270 days in jail instead of pleading out for time served wouldn’t jump bail. Charges were dropped shortly after I bailed out. I am not sure how they justified delaying my trial over and over but it was 100% bullshit.
You have to request a speedy trial