Law
Fact-checked

At MyLawQuestions, we're committed to delivering accurate, trustworthy information. Our expert-authored content is rigorously fact-checked and sourced from credible authorities. Discover how we uphold the highest standards in providing you with reliable knowledge.

Learn more...

What is the Right to a Speedy Trial?

Contel Bradford
Contel Bradford

The right to a speedy trial refers to a specific right of a defendant in the United States, per the Six Amendment of the US Constitution. It exists to ensure that an individual who has been charged with a federal crime does not have to wait in jail for an unreasonably long period of time before his or her trial. If this right is found to have been violated, the charges against the defendant can be dropped and the entire case may be dismissed. While this right was originally derived from the US Constitution, which is a federal legislation, it also applies to criminal proceedings in many states.

Contrary to popular belief, the right to a speedy trial is not applicable to all stages of criminal cases. In fact, it only applies after an individual has either been arrested, indicted, or formally accused of committing a federal crime in other ways. If a person has not been formally accused, the courts are not obligated to take any type of action against a defendant in a specific amount of time.

The US Constitution guarantees the right to a speedy trial to all US citizens.
The US Constitution guarantees the right to a speedy trial to all US citizens.

Although the Six Amendment in the US Constitution serves the purpose of guaranteeing the right to a speedy trial, there is no set standard in terms of how fast a given trial is to proceed. The length of time is typically defined by the statutory limitations of a certain crime in respect to specific jurisdictions. For example, in the state of California, a defendant must be brought to trial within 60 days. There are, however, exceptions that impact statutes and how they define the period of a speedy trial. Examples would be a delay made at the request of the defense or otherwise justifiable reasons for delaying the preceding trial.

The right to a speedy trial pertains to someone who has been arrested, indicted or formally accused of a crime.
The right to a speedy trial pertains to someone who has been arrested, indicted or formally accused of a crime.

There are some regions that do not have specific statutory limitations regarding a speedy trial. In these jurisdictions, the courts are usually responsible for defining the time period. They often consider the reason and length of the delay, in addition to the defendant's assertion of the right. The courts also take any prejudice that may have caused the delay into account. In almost all jurisdictions, the time frame for defendants who are incarcerated differs from those who have been released on bail.

Federal speedy-trial laws passed by Congress can also be applied to criminal proceedings in many states.
Federal speedy-trial laws passed by Congress can also be applied to criminal proceedings in many states.

The right to a speedy trial may appear simple on the surface, but it can actually be one of the most complex aspects of the legal system. For this reason, defendants looking to exercise this right are advised to consult with a qualified attorney. An experienced attorney can inform the defendant on his or her rights and where he or she stands in regard to the court system.

Discuss this Article

Post your comments
Login:
Forgot password?
Register:
    • The US Constitution guarantees the right to a speedy trial to all US citizens.
      By: James Steidl
      The US Constitution guarantees the right to a speedy trial to all US citizens.
    • The right to a speedy trial pertains to someone who has been arrested, indicted or formally accused of a crime.
      By: Alexander Raths
      The right to a speedy trial pertains to someone who has been arrested, indicted or formally accused of a crime.
    • Federal speedy-trial laws passed by Congress can also be applied to criminal proceedings in many states.
      By: Zap Ichigo
      Federal speedy-trial laws passed by Congress can also be applied to criminal proceedings in many states.
    • The right to a speedy trial is not applicable to all stages of criminal cases.
      By: TAGSTOCK2
      The right to a speedy trial is not applicable to all stages of criminal cases.
    • A speedy trial clause may be invoked against a defendant who attempts to delay a trial longer than what is reasonable.
      By: Rob
      A speedy trial clause may be invoked against a defendant who attempts to delay a trial longer than what is reasonable.