This leaves the situation quite nebulous and is particularly unsatisfying to people whose understanding of rights is that they are not something that ought to be left to the whims of government officials to determine as they like. However, the Supreme Court provides only a baseline for determining speedy trial violations, with federal and state legislators allowed to provide additional protections above it.
Indeed, there are additional boundaries to the concept of a speedy trial in federal and state laws. With respect to federal trials, the Speedy Trial Act provides additional definition. It further specifies extensive details applying to other scenarios, circumstance with allow for permissible modifications of these time limits in this scenario, and more. Additionally, many states impose similar numerically-defined limits on various stages of the process from arrest to trial as well as details such as what time does and does not count toward those limits, etc.
To learn more about a particular state's speedy trial deadlines, visit our Jury Health Project. If you do not see your state's data yet, check back again as we are adding more data on a regular basis. In Beavers v. Haubert , the U. There may be reasons for some delays. In Pollard v. United States , the U. Supreme Court concludes that in cases in which a delay in sentencing a defendant did not happen on purpose, but by accident, and where it was quickly taken care of, the Sixth Amendment has not been violated.
In United States v. Ewell , the U. In Ewell, the defendants had been indicted on certain drug charges, then convicted and sentenced. When the defendants appealed, the original indictments were thrown out because they were not prepared correctly. Nineteen months after the original indictments, the government brought new, corrected indictments on the same charges.
The Court rules that rushing that process would be just as damaging as intentionally delaying it. In Klopfer v. North Carolina , the U. United States v. Villarreal , F. If the case hasn't yet gone to trial, the court must generally dismiss the charges. If you think you might have a speedy-trial argument, whether you've already been convicted or are awaiting trial, consult a lawyer. A knowledgeable attorney can advise you of the law in your jurisdiction and how it applies to your case.
A lawyer can explain whether, if you're successful in your claim, the government can refile charges. And an attorney can explain the pros and cons of " waiving time "—that is, giving up your right to a speedy trial. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Grow Your Legal Practice. Meet the Editors. The Right to a Speedy Trial. If the government doesn't get a defendant to trial within a certain amount of time, the court must toss the charges. Reasons for the Right to a Speedy Trial Among the justifications for the right to a speedy trial are: avoiding lengthy unfounded imprisonment minimizing the anxiety of awaiting case resolution, and protecting the defendant's ability to defend against charges for example, evidence may disappear and witnesses' memories may fade over time.
Speedy Trial: Timing and Deadlines The term "speedy" is relative in the legal context. Factors Courts Consider in a Speedy-Trial Analysis Courts undertake a speedy-trial analysis that differs depending on the law that's at hand. Therefore, when a defendant claims a violation, the court applies a "balancing test," assessing: the length of the delay the reason for it whether the defendant asserted the speedy-trial right, and whether the wait compromised the defense.
Triggering the Speedy-Trial Clock Usually, the time between filing of charges through, for example, a complaint or an indictment and the suspect's arrest counts against the time the government has to get the case to trial.
A Right to Speedy Sentencing? Consequences for a Violation If a convicted defendant can establish a violation of the constitutional right to a speedy trial, the court must set aside the conviction, vacate the sentence, and dismiss the charging document.
Consult a Lawyer If you think you might have a speedy-trial argument, whether you've already been convicted or are awaiting trial, consult a lawyer. Talk to a Lawyer Start here to find criminal defense lawyers near you.
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