Right to a Speedy Trial

The constitutional guarantee that a criminal case be brought to trial without unreasonable delay, and the statutes in the federal system and most states that put a clock on it - what starts the clock, what stops it, why a defendant's own motions extend it, and the remedy of dismissal when it runs out.

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What it means

The Sixth Amendment guarantees the accused a speedy trial, and every state constitution has an equivalent. The constitutional right attaches when a person is arrested or formally charged, whichever comes first, and protects against oppressive pretrial incarceration, the anxiety of an unresolved accusation and the risk that the defense will be impaired as witnesses disappear and memories fade. Whether the right has been violated is decided by balancing the length of the delay, the reason for it, whether and when the defendant asserted the right, and the prejudice suffered; no fixed period is required, and delay caused by the defendant weighs against the claim. The only remedy for a constitutional violation is dismissal with prejudice - the charge cannot be refiled - which is why courts find one rarely.

Because the constitutional test is so open, the federal system and most states have enacted speedy-trial statutes or court rules that set specific periods: from arrest to indictment, and from the first appearance or arraignment to trial, each measured in days the statute fixes. These are the clocks that matter in practice. They stop, or "exclude" time, for the events the statute lists: pretrial motions from filing to decision, competency examinations, the absence or unavailability of the defendant or a witness, an interlocutory appeal, a continuance the judge grants on a finding that the ends of justice outweigh the interest in a speedy trial, and in many states any delay the defendant requested or agreed to. In a typical case the defense's own motions and continuances exclude more time than the prosecution's.

When a statutory clock runs out the charge must be dismissed, but the statute decides whether the dismissal is with or without prejudice, and the federal act directs the judge to weigh the seriousness of the offense, the circumstances of the dismissal and the effect on the administration of justice; a dismissal without prejudice lets the prosecution re-indict. A defendant held in custody in one jurisdiction on charges pending in another may invoke the Interstate Agreement on Detainers to require trial within a period it fixes. The right is waived by a plea of guilty and, in most jurisdictions, by failing to move for dismissal before trial.

Where this comes from

When people hire a lawyer for this

A speedy-trial claim is built, not discovered: the lawyer keeps the calendar from the first appearance, objects on the record to prosecution continuances, and asserts the right in writing so that the "assertion" factor is on the defendant's side of the scale. A defendant sitting in custody who is told the delay is routine should ask the lawyer for the statutory clock computation and which days are excluded, and should understand that agreeing to a continuance for the defense's own convenience stops that clock.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Related terms

Other entries in the same area of law, each written from the same primary sources.

• ArraignmentThe first court appearance in a criminal case, where the charges are read and a plea is entered.
• Bail and Pretrial ReleaseThe decision about whether someone stays in custody while their case is pending - which is about appearance and safety, not about guilt.
• Bench Warrant and Failure to AppearThe arrest warrant a judge issues from the bench when a defendant misses a court date or violates a court order - what it authorizes, the separate failure-to-appear charge and bond forfeiture that often follow, and how a person clears one by surrendering on their own terms rather than being picked up.
• Criminal RestitutionThe order, entered at sentencing, requiring a defendant to repay the victim's losses caused by the offense - what losses it covers, how it differs from a fine and from a civil judgment, the payment schedule and enforcement, and why it survives bankruptcy and the end of the sentence.
• Double JeopardyThe constitutional bar on being tried twice for the same offense after an acquittal or conviction, or punished twice for it - when jeopardy attaches, what counts as the "same offense", the mistrial and appeal exceptions, and why a state and the federal government may each prosecute the same act.
• Expungement and Record SealingCourt processes that erase or restrict access to a criminal record, available only in defined circumstances that vary by state.
• Felony and MisdemeanorThe basic division of criminal offenses by seriousness - which drives the procedure, the possible sentence, and the consequences that outlast it.
• Grand Jury and IndictmentA closed proceeding in which citizens decide whether there is enough evidence to charge someone - not whether they are guilty.
• Miranda RightsThe warning police must give before questioning someone in custody - and the reason a missing warning suppresses a statement rather than ending a case.
• Motion to Suppress (Exclusionary Rule)The pretrial request to keep evidence out of a criminal trial because it was obtained in violation of the Constitution - an unlawful search, an involuntary or un-warned confession, a suggestive identification - the hearing it triggers, the "fruit of the poisonous tree" rule, and the exceptions that let evidence in anyway.
• Plea BargainAn agreement resolving a criminal case by guilty plea, usually in exchange for reduced charges or a sentencing concession.
• Preliminary HearingAn early court hearing at which a judge decides whether there is enough evidence for a case to proceed - the defense's first real look at it.
• Pretrial Diversion and Deferred AdjudicationThe programs that let an eligible defendant avoid a conviction by completing conditions - treatment, classes, community service, restitution - after which the charge is dismissed; the difference between diversion before a plea and deferred adjudication after one, and what each does to the record.
• Probable CauseThe level of justification the Fourth Amendment requires before police may arrest someone or search a place - more than a hunch, and less than proof.
• Probation and Parole ViolationWhat happens when someone under supervision is said to have broken its conditions - a proceeding with fewer protections than the trial that preceded it.
• Right to Counsel and the Public DefenderThe Sixth Amendment right to a lawyer in a criminal case, including one paid for by the state if the defendant cannot afford one.
• Search WarrantA judge's written authorization to search a specified place for specified things - and the exceptions that let police search without one are broad.
• Self-Defense and JustificationThe defense that a use of force was lawful because it was necessary to protect oneself or another from imminent unlawful force - the reasonableness and proportionality requirements, the duty-to-retreat and stand-your-ground split among the states, the castle doctrine, and who bears the burden once the defense is raised.
• Sentencing and EnhancementsHow a criminal sentence is decided after a plea or verdict - the statutory range, the guidelines or presumptive scheme the jurisdiction uses, the enhancements for prior convictions, weapons, victims and quantities that raise it, the presentence report, and the constitutional rule that any fact raising the maximum must be found by a jury.

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