Can a delay in prosecution that occurs before the accused is arrested or charged with assault be considered a denial of the accused's right to a fair trial?
California, United States of America
The following excerpt is from People v. Rodriguez, E057722 (Cal. App. 2013):
Under state law, "Delay in prosecution that occurs before the accused is arrested or the complaint is filed may constitute a denial of the right to a fair trial and to due process of law under the state . . . Constitution[]." (People v. Catlin (2001) 26 Cal.4th 81, 107.)
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