From: "MajickMutex" Subject: Re: GIVE MITNICK A COMPUTER! Date: 1998/03/14 Message-ID: <6ef8n3$5oc@camel20.mindspring.com>#1/1 X-Deja-AN: 334127134 References: <6dife2$sov$1@nnrp1.dejanews.com> <6ebj53$rsu$1@osh1.datasync.com> <6ec8h8$bdu@camel19.mindspring.com> <350a4125.654137@news.ctr.net> X-Server-Date: 15 Mar 1998 00:51:47 GMT X-MimeOLE: Produced By Microsoft MimeOLE V4.71.1712.3 Organization: MindSpring Enterprises Newsgroups: alt.2600,alt.hacking,alt.hacker,alt.fan.kevin-mitnick broadcastb wrote in message <350a4125.654137@news.ctr.net>... >Uhm, I thought there was some "right to speedy trial" written >somewhere........and, that, if you were *really* smart, you wouldn't >waive your right to speedy trial.....no matter who (including your own >lawyer) told you to. Unless you were guaranteed Own Recognizance >release or bail and could make it.... I'm glad you mentioned that. In 1974, Congress passed the Federal Speedy Trial Act, and it was enacted in 1980. The act simply states that charges must be dismissed if the prosecution does not seek an indictment or information within 30 days after arrest. If the grand jury is not in, a 30 day extension is granted, allowing up to 60 days, OR where the trial does not commence within 70 working days after indictment for defendants ( and here's the kick in the head) who plea guilty. BTW, this only applies to federal cases, states have their own guidelines. By law, you are limited to 30 days to seek indictment, and 70 days afterwards to go to trial, for a total of 100 days. If the grand jury is not in, you can get an extension upping the total to 130 days. But it only applies to defendants who plea guilty to all charges. Any delays caused by the defense such as filing motions, like continuance or severance of offenses, do not count. Many attorneys agree you should delay a speedy trial to get your defense in best order, and many federal judges dislike the Speedy Trial Act because they feel it mismanages juducial resources. Mitnick pled guilty to the first 2 counts in exchange for a plea bargain to have his sentence reduced, but because it was a plea bargain that the Feds had to get him to agree to, they aren't bound by the Speedy Trial Act. Also, he pled not guilty to the 25 counts still pending against him in his next trial. So once again, the Feds aren't bound by the Act for his second trial. I also noticed in my earlier post I erroneously miscalculated how much time Mitnick awaited his first trial. He was charged in 2/95, and went to trial in 6/97, so it was 30 months, not 18, my mistake. Then in 10/97 he was charged with the other offenses. I forgot to mention that he had to serve two consecutive sentences, one for 8 months, the other for 14 months. But he already had served more than that, yet he remained in jail for 4 extra months until indicted the second time. In retrospect, that appears to be the only problem, the 4 months from 6/97 to 10/97 when he should have been allowed to be freed until charged with the other 25 counts in 10/97. The Feds actually said they would hold him those 4 months despite his time had been served, for the sole purpose of keeping him there until indicting him the second time. But they could do that because of all the delays caused by his first trial, and the motions filed by his attorney to get him released after the first trial, the defense held up the 10/97 indictment. Very, very sneaky for the government to arrange it that way, but its legal, unfortunately.