The Right to a Speedy Trial: What Every Defendant Should Know

The right to a speedy trial is a fundamental legal right guaranteed to all criminal defendants by the 6th Amendment of the U.S. Constitution. But what exactly does “speedy” mean and how does this constitutional protection actually work in practice? This article will break it down for you in plain English so you understand your rights as a defendant.

What is the Right to a Speedy Trial?

The 6th Amendment states that “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” This means the government can’t just lock you up and throw away the key – you have a right to have your case resolved quickly and efficiently.

The main reasons this right exists are:

• Prevent people from being jailed indefinitely before trial
• Reduce the time defendants spend worrying and waiting
• Limit loss of income while case is pending
• Minimize pretrial anxiety
• Avoid loss of evidence and witness memories fading over time

So basically, the speedy trial right aims to protect defendants from the damage that long delays can cause, and make sure the wheels of justice keep turning.

How Long is Considered a “Speedy” Trial?

There’s no specific timeframe set out in the Constitution for how long is too long to wait for trial. The Supreme Court has said it’s a case-by-case thing that depends on the circumstances. But most courts have adopted deadlines based on state laws or court rules.

For example, the federal Speedy Trial Act says trials must start within 70 days of indictment or first court appearance for defendants not in custody, or within 90 days for those in jail awaiting trial. Many states have similar limits ranging from 60 to 180 days from arraignment to trial.

So while “speedy” doesn’t mean immediate, most courts agree a trial delay of a year or more is presumptively too long and violates the 6th Amendment.

When Does the Speedy Trial Clock Start Ticking?

The speedy trial clock starts when you are first formally accused of a crime through an arrest, complaint, indictment, or information. It keeps running until the actual trial starts (when jury selection begins in a jury trial, or first witness testimony in a bench trial).

Any delays caused by or agreed to by the defendant are subtracted from the total time elapsed. So only delays caused by the prosecution or court count toward a speedy trial violation.

How to Assert Your Right to a Speedy Trial

To avoid waiving your speedy trial right, you or your lawyer must actively assert it by filing a motion asking the court to dismiss the case or set a trial date within the speedy trial timeframe.

If you don’t assert the right, the court may assume you’re fine waiting longer for trial. Silence or inaction doesn’t qualify as asserting your right.

You can file a speedy trial motion at any point once charges are filed. But it’s strategic to file when you can show enough time has passed to be considered a delay.

Factors Courts Consider in Speedy Trial Cases

If you file a motion saying your speedy trial right was violated, the court will weigh four factors to decide if the delay was unreasonable under the circumstances:

• Length of the delay – The longer the delay, the more likely it’s unreasonable. Some courts presume a delay over a year is excessive.
• Reason for the delay – Valid reasons like witness unavailability weigh in favor of the prosecution. Delays caused by bad faith or negligence weigh against the state.
• Defendant’s assertion of the right – Courts look at when and how the defendant asserted their speedy trial right. Early, vigorous assertions are viewed favorably.
• Prejudice to the defendant – The court examines if the delay caused harm to the defense, like memory loss or lost evidence. More prejudice weighs toward a speedy trial violation.

Balancing all these factors, the court decides if your right to a speedy trial was violated. If so, the charges are dismissed with prejudice, meaning they can’t be re-filed against you.

Strategic Considerations in Asserting the Right

There are pros and cons to asserting your speedy trial right. A fast trial prevents damaging delays and keeps witnesses and evidence fresh. But a rushed trial limits your lawyer’s prep time, so you may be better off waiting strategically in complex cases.

It’s something to discuss in-depth with your attorney. Timing the speedy trial motion for maximum impact takes experience. Your lawyer’s job is to advise you on the best approach for your unique case.

Can the Right to a Speedy Trial Be Waived?

Yes, you can waive your right to a speedy trial. Sometimes that’s the best option, like when your attorney needs more time to build a strong defense. But you generally have to waive the right expressly and knowingly to avoid it being an issue on appeal later.

By agreeing to postponements or continuances, you implicitly waive speedy trial for that period of delay. If you don’t speak up to assert the right, the court may construe your silence as waiver too.

So while you can waive speedy trial, don’t do it accidentally by not asserting your rights forcefully. Discuss waiving any time periods with your lawyer beforehand.

How Courts Are Handling Speedy Trials During COVID-19

The COVID-19 pandemic has caused massive court backlogs and delays. Many courts have temporarily suspended speedy trial deadlines due to the public health emergency.

But constitutional rights don’t vanish during crises. If you’re stuck waiting years for trial due to COVID court closures, you likely have a solid speedy trial argument once things reopen.

The pandemic has shone a spotlight on the importance of the right to a speedy trial. Courts are reprioritizing criminal cases and looking at ways to handle trials safely. Video technology may help courts clear backlogs while maintaining social distance.

Talk to a Lawyer About Your Speedy Trial Rights

The right to a speedy trial is a complex issue that depends so much on the unique circumstances of your case. This article just scratches the surface of this important constitutional protection.

If you’re facing criminal charges, don’t rely on this article as legal advice. Consult with a criminal defense lawyer in your state to discuss how the speedy trial laws apply to you. An experienced attorney can advise you on the best strategies for asserting your rights.

The bottom line is the right to a speedy trial serves a crucial purpose – making sure the government can’t delay justice indefinitely. Work closely with your lawyer to decide how to invoke this right strategically at the proper time. Don’t let prosecutors and courts kick the can down the road on your case unnecessarily.