Right to a Speedy Jury Trial

The Bill of Rights comprises the first 10 amendments to the United States Constitution. These amendments afford people in the United States several legal rights, including rights against self-incrimination, protections against unlawful searches and seizures, and the right to a speedy trial.

The Sixth Amendment to the Constitution provides, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” However, it doesn’t define what a speedy trial is. For this reason, many states have passed their own laws on this topic.

This article explores and explains what it means to have a right to a speedy trial. It also discusses when this right applies and how long the state has to commence prosecution against a criminal defendant.

If you’re currently facing criminal charges and believe the state has violated your right to a speedy trial, contact a local criminal defense attorney. They can walk you through your options and help to assert your constitutional rights.

What Is the Right to a Speedy Trial?

The Sixth Amendment to the U.S. Constitution guarantees a criminal defendant the right to a speedy trial by an impartial jury. The state must bring criminal defendants to a public trial within a reasonably short time after their arrest.

The rationale for the right to a speedy trial is that citizens shouldn’t have to endure unnecessary delays in their criminal prosecutions or lengthy pretrial detention. The speedy trial clause forces prosecutors to resolve criminal cases in a timely manner.

When Does the Right to a Speedy Trial Apply?

The right to a speedy trial applies in all criminal prosecutions. This right has its roots in centuries of history. For example, King John signed the Magna Carta in the 1200s, which included provisions limiting the government’s power to imprison citizens for an indeterminate period without a fair trial.

The American legal system extends this same protection to its citizens. This goes hand in hand with the Fourteenth Amendment’s due process rights, which ensure that criminal defendants don’t have to wait indefinitely to learn their fate.

What Are the Time Limits for a Defendant’s Right to a Speedy Trial?

State laws generally determine how long the prosecution has to pursue criminal charges against a defendant. States limit the amount of time between an individual’s arraignment and their trial. For example, in felony cases, many states require that the trial commence within six months of the defendant’s arrest or indictment.

While state laws may vary on the timing of court proceedings, the Speedy Trial Act of 1974 sets strict time limits for federal prosecutors in federal criminal cases. State and county prosecutors are governed by their own state speedy trial laws and constitutional requirements. If federal prosecutors do not initiate a trial within the time limits set forth in the Speedy Trial Act, the court will dismiss the charges altogether.

The federal Speedy Trial Act dictates that federal prosecutors must initiate criminal prosecution according to the following two deadlines:

• Federal prosecutors must seek an information or indictment within 30 days of the defendant’s arrest
• The defendant’s trial must begin within 70 days of their indictment or arraignment

In addition to federal deadlines, most states impose their own time limits for state criminal prosecutions. If you’re facing criminal charges and aren’t sure what these deadlines are in your state, contact a local criminal defense lawyer right away.

Acceptable Delays

As with most other laws, there are exceptions to the rule when it comes to providing a defendant with a speedy trial. While the courts have discretion in many areas, they have no authority over speedy trial deadlines.

Common acceptable reasons for delays in providing a speedy trial include:

• Continuances that serve the ends of justice
• Delays that result from pretrial motions
• Time needed for competency evaluations
• Delays caused by the defendant’s actions
• Unavailability of essential witnesses

A backlog in the court docket is not an acceptable reason for a delayed trial. Regardless of what issues the criminal court and criminal justice system are experiencing, they cannot deny a defendant a speedy trial. If they do so, they violate the individual’s Sixth Amendment rights.

Factors the Court Considers

The Speedy Trial Act of 1974, along with case law, makes it clear that judges lack discretion in determining whether a trial delay is acceptable. The court must apply a balancing test outlined in Barker v. Wingo (1972). In Barker, the U.S. Supreme Court identified four specific factors to consider when deciding whether a defendant’s trial was speedy enough. These factors are:

• The length of the delay
• The reason for the delay
• The defendant’s assertion of their right to a speedy trial
• The prejudice that the delay may have on the defendant

Many states have enacted legislation setting time limits for bringing criminal matters to trial. For example, California law requires the state to commence trial against a person facing felony charges within 60 days of arraignment. The time frame for a misdemeanor is 30 days if the defendant is in custody. If they are not in custody, the trial must begin within 45 days.

New York law also imposes strict time limits to bring a case to trial. According to New York Criminal Procedure Law, the prosecution must comply with the following deadlines:

• Felony – Six months
• Class A Misdemeanor – 90 days
• Class B Misdemeanor – 60 days
• Violations (Non-criminal offenses) – 30 days

If a defendant does not receive their trial within the above time limits, the judge can either dismiss the case or release the defendant from custody pending trial.

Ohio law also breaks down speedy trial time limits by felony and misdemeanor. According to the Ohio Revised Code, the state must bring a case to trial within the following deadlines:

• Minor Misdemeanors – 30 days
• Misdemeanors of the third and fourth degree – 45 days
• Felonies – 270 days

The clock starts on the date of the defendant’s arrest.

State speedy trial laws are subject to change and may contain exceptions not covered in this general overview. These specific deadlines may have additional exceptions or modifications. Consult with a local attorney for the most current requirements in your jurisdiction.

What Happens if the State Violates Your Sixth Amendment Rights?

If the state violates a defendant’s Sixth Amendment rights to a speedy trial, the judge will usually dismiss the charges. In some cases, the court may allow the charges to remain in place but release the defendant from jail or prison pending trial.

This remedy goes to the heart of the purpose of the right to a speedy trial. One of the primary concerns of lawmakers is that an innocent person may be stuck in prison for longer than absolutely necessary. By allowing the defendant to stay home pending trial, it achieves the same purpose as the speedy trial right.

The question in these cases is whether the court issues a dismissal of charges with or without prejudice. When a court dismisses a case without prejudice, the state can file charges against the defendant at a later date. If the court dismisses a case with prejudice, the prosecution is barred from ever pursuing that particular criminal charge again.

In cases involving speedy trial violations, courts often dismiss charges with prejudice, barring the prosecution from refiling. This ensures the constitutional protection has a meaningful effect, as allowing the state to refile charges would undermine the purpose of the speedy trial right.

Should You Ever Waive Your Right to a Speedy Trial?

Given the short periods of time required to begin a trial, it’s often in the defendant’s best interests to waive the right to a speedy trial. A waiver gives your legal team more time to prepare and additional time to find favorable witnesses or evidence.

Waiving the right to a speedy trial is common, especially in felony cases. The defendant must waive their right in writing and submit it to the judge. Some jurisdictions allow a defendant to waive their right to a speedy trial in open court before a judge. Your criminal defense attorney will explain the process if you decide to go with a waiver.

While waiving a speedy trial gives the prosecutor more time to prepare their case, it also provides critical benefits to the defense. Since the prosecution team will normally have spent considerable time preparing its case before filing charges, the additional time gives the defense more opportunity to examine the evidence and develop the strongest possible defense strategy.

How Can a Criminal Defense Attorney Help?

Unreasonable delays in your trial are a violation of your constitutional rights. Having an experienced criminal defense lawyer in your corner gives you a watchdog to protect your rights. A criminal defense attorney can provide you with legal advice on the following:

• Information about your state’s criminal laws, criminal procedures, and a criminal defendant’s rights
• Specific information regarding the criminal charges the prosecution has filed against you, your right to a speedy trial, whether the state has committed a speedy trial violation, and how to file a speedy trial motion
• Whether the length of the delay violates your constitutional rights
• The best defense strategy to avoid a conviction

While there’s no law stating that you must retain an attorney, it’s in your best interest to at least meet with one. The prosecutor is more likely to consider a reduced charge or a plea bargain with an attorney than with a pro se defendant.

Contact a Criminal Law Attorney

When you’re facing criminal charges, it can be difficult to know if the criminal justice system has violated your constitutional rights. Rather than trying to figure it out yourself, consider speaking to a seasoned criminal defense lawyer. They’ll review your case and let you know if you have a valid speedy trial claim.