According to the 6th Amendment to the United States Constitution, a person accused of a crime in this country has a right to a speed trial. However, that same document neglects to specify what it means by “speedy.” The federal government does have laws involving what it means to be “speedy” and states have their own laws.
In California, the government has 60 days from the date of arraignment to get a defendant to trial unless there is good cause for a delay. Keep reading to find out what can be considered a “good cause,” and learn about a defendant’s right to waive their right of speedy trial. If you are in need of a criminal defense attorney, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Why is a Speedy Trial Important?
First of all, it is important to understand just how important this right is. The reality is that if you did not have it, then the police could potentially hold you indefinitely without every actually charging you or trying you for a crime. Knowing you have the right to a speedy trial can help lower the anxiety involved in waiting for resolution, and it can protect your ability to defend yourself. For example, there may be evidence for your defense that we can find today but that would be gone if you were tired a year from now.
What’s Involved in a Speedy Trial Analysis
If a defendant believes they did not receive a speedy trial then they may be able to have their case reviewed. The U.S. Constitution does not give a specific timeframe when it refers to “speedy trial.” As a result, the judge will consider several factors to determine if a defendant’s rights have been violated.
The judge will consider how long the delay was, the reason for the delay, whether the defendant asserted their right to a speedy trial, and whether the wait compromised the defendant’s ability to defend themselves.
The Clock Starts on the Date of Arrest or Charges
Of course, the final question is this: When does the “clock” start? Though there are exceptions, generally speaking it will begin either the date of arrest or the date formal charges were presented – whichever happens first. This means that if charges are presented but you are not arrested for another two weeks, the clock already started on the date the charges were filed.
You Do Not Have to Face Charges Alone
No matter what criminal charges you are facing, you need an experienced attorney. Chambers Law Firm is standing by to provide comprehensive legal assistance. Contact our offices today at 714-760-4088 to request your free legal consultation.
