What does hicks date mean

Pushing your case too far in the future can have negative impacts on your defense. We take speedy trial issues one step at a time and constantly confer with the client. Because, putting your trial date can actually be in you interest in some instances. It is important to talk to your attorney about your Hicks date. We are always mindful that our clients want to have their cases resolved quickly and efficiently. However, there are some circumstances in which we advise our clients to continue their trial past Hicks.

Each case is different. Unless you have been charged with a serious offense it is really hard to imagine all that goes into putting together a sound defense strategy. We spend dozens of hours exploring every possible positive outcome for our clients. Sometimes at the last minute we find a key witness or expert and it is critical we postpone the trial right. Having your charges reduced or dismissed is often much more important than trying to get your case dismissed due to a violation of Hicks.

The truth is, courts are VERY hesitant to dismiss cases based on speedy trial arguments. So, in essence, you are not giving up too much when you waive Hicks as you prepare your defense. If you would like to go on a deep dive on speedy trial rights in Maryland, I recommend you read the fairly recent Tunnel case from the Maryland Court of Appeals. What should you take away from this article? Well, you should be educated about all of your speedy trial rights, but you should also be realistic about what they mean in a practical sense.

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Under well known Maryland law, the State must bring a defendant to trial before the th day after the first of:. This rule is popularly known as the "Hicks" deadline, and the corresponding try-by date the "Hicks" date. The rule is on its face clear, unambiguous and seemingly mandatory.

However, there is an exception allowing for a continuance of a case beyond the rigid day boundary upon a showing of good cause. State of Maryland No. Moreover, like any other right, Hicks can be given up. Where defendant affirmatively seeks a continuance beyond days, or does not appropriately oppose such a request, the requirements of the Rule will not apply.

If a case is continued beyond the day mark, a reviewing appellate court with employ a two step process to determine if there has been a violation. Tunnell, supra. See Rosenbach v. State, Md. The defendant must show an abuse of discretion or a lack of good cause as a matter of law.