The Sixth Amendment sets forth our right to a speedy trial. A timely trial is supposed to be a fundamental part of our judicial system, yet, as many people who have been accused of a crime know all too well, a “speedy” trial can sometimes take a very long time.
When accused of a crime, a person has the right to make what is called a speedy trial demand to ensure that the matter is resolved as quickly as possible. Each case is different, and determining whether you should file a motion to demand a speedy trial is highly dependent on the circumstances of your case.
Why is a Speedy Trial Important?
A quick resolution of legal matters is so important that the Founding Fathers saw fit to include the issue in our Bill of Rights. People’s rights are restricted in the period between an arrest and a trial. Some people might be imprisoned or forced to stay in their own home while they await trial. Delaying a trial causes anxiety and can be expensive for the accused.
Even victims or witnesses might want a speedy trial. They face many of the same anxieties while waiting for a trial. For these parties, it is best to get closure, and a speedy trial helps accomplish that goal.
Should You Make a Speedy Trial Demand?
This is a question you should discuss with your attorney. Your attorney might feel that it is in your best interest to resolve the matter as quickly as possible; in some cases, the defense needs time to build a case and it is not in the best interest of a client to rush the process. Filing a motion demanding a speedy trial is not a decision that should be taken lightly, so it is best to ask your attorney.
If You Haven’t Been Given a Speedy Trial
You also have the right to file a complaint to the courts if your case has been unfairly delayed. To be successful in this complaint, you and your attorney must demonstrate that delays of your trial were, in large part, due to prejudice, which can be difficult to prove. This is another question your attorney can address, and they will be able to tell you if it is in your best interest to file a complaint about a delayed trial.
Courts are generally receptive to speedy trial demands, since they also want trials to occur promptly, so as not to create a backlog of cases. Demanding a speedy trial can put the prosecution under increased pressure to act quickly, helping the chances of a successful defense. But while these demands can often be beneficial to a defense, there are some exceptions, and a criminal defense attorney will be able to determine the effectiveness of making this type of demand.
If you are considering make a speedy trial demand or if you feel your case has been unfairly delayed, contact Dan Carman and Attorneys to talk with an experienced criminal defense lawyer today. Our attorneys can evaluate your case to determine the best course of action for your defense.