The Sixth Amendment to the U.S. Constitution says that all criminal defendants “shall enjoy the right to a speedy and public trial.” State constitutions also guarantee speedy trials, as do statutes.
Of course, what qualifies as “speedy” in the legal world might seem slow in day-to-day life.
Constitutional Right to a Speedy Trial
The Sixth Amendment guarantees criminal defendants a speedy trial but doesn’t define what that means. In the 1972 case, Barker v. Wingo, the U.S. Supreme Court reviewed whether a delay of over five years between arrest and trial violated the defendant’s Sixth Amendment right to a speedy trial. The Court held it did not.
But instead of setting a clear timeline for speedy trials, the Barker case established a “balancing test” for determining whether a delay is too long. Under the balancing test, the court must consider:
- length of the delay
- reason for the delay
- whether the defendant asserted their speedy-trial right, and
- whether the delay harmed the defense.
At the end of the analysis, the court must keep in mind that the defendant's right to a speedy trial is a constitutional right that must be protected. (407 U.S. 514.)
Statutory Right to a Speedy Trial
The federal government and a number of state legislatures have decided not to leave speedy-trial issues to potentially murky balancing tests. Instead, they have enacted laws that set explicit time frames.
Federal Speedy Trial Act
In federal court, the Speedy Trial Act (Act) establishes deadlines. In most instances, the Act requires that the government file an indictment or information within 30 days of the defendant’s arrest. And trial must normally begin within 70 days of the filing of charges or the defendant’s appearance before a judicial officer in the relevant court, whichever is later.
However, despite this seemingly straightforward calculation (100 days from arrest), exceptions exist. For instance, in determining the time within which charges must be filed or a trial must start, the Act excludes delays resulting from various factors, like:
- pretrial motions
- an essential witness being unavailable, and
- in many instances, charges being dismissed and refiled.
These exclusions can add weeks or months to the speedy-trial “deadline.” (18 U.S.C. § 3162.)
State Speedy-Trial Deadlines
State laws and rules have deadlines and exclusions similar to the federal statute, although the exact timelines differ. Typically, the clock starts when a suspect is arrested or charged. While most states impose a deadline in terms of month or days, some leave it at a “reasonable time” or “without delay.” Like their federal counterpart, states also exclude delays caused by filing certain motions or those for good cause.
What Are the Consequences of a Speedy-Trial Violation?
Violation of the time limits under the Federal Speedy Trial Act can lead to dismissal of charges and the defendant's release. Whether the prosecution is allowed to re-charge the defendant depends on the judge’s evaluation of considerations that include:
- the “seriousness of the offense”
- the circumstances leading to the dismissal, and
- the “administration of justice.”
(18 U.S.C. § 3162.)
State statutes and rules are similar. Dismissal of the charges is the general remedy, although the government may be allowed to refile the charges in certain situations. In some states, the judge may impose a less severe remedy than dismissal if the defendant can still have a fair trial. For instance, the judge might exclude evidence that the prosecution obtained after the speedy-trial deadline had run.
Talk to a Lawyer
If you have questions regarding the right to a speedy trial, speak with a criminal defense attorney who knows the rules in your jurisdiction. A lawyer can help you understand how and what time is "charged" to the prosecution's side when it comes to speedy-trial deadlines. You might also consider whether waiving time is in your best interest.