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Updated May 26, 2016

The Sixth Amendment to the U.S. Constitution and theconstitutions of the individual states guarantee the right to a speedy trial. Underthe federal constitution, there is no precise measurement of what is and isn’t “speedy.”But many states and the federal government have laws specifying the time within which prosecutors mustbring defendants to trial.

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For example, in California, the government must get adefendant charged with a felony to trial within 60 days of arraignment on an indictmentor informationunless there is “good cause” for delay. (Cal. Penal Code § 1382.) Of course, thedefendant can waive any potential speedy-trial claim by agreeing to theproceedings moving slower than the law provides.

Reasons for the Right

Among the justifications for the right to a speedy trialare:

• avoiding lengthy unfounded imprisonment
• minimizing the anxiety of awaiting case resolution,and
• protecting the defendant’s ability to defendagainst charges (for example, evidence may disappear and witnesses’ memoriesmay fade over time).

Not So Fast

The term “speedy” is relative in the legal context. Whatconstitutes a speedy trial in one instance might not in another. In general, though,a speedy trial is one that occurs as soon as reasonably possible, subject to qualifications.

In one murder case, for example, a federal appeals courtupheld the finding that a 16-month delay between arrest and trial didn’tviolate the Sixth Amendment speedy-trial right. (Amos v.Thornton, 646 F.3d 199 (5th Cir. 2011).) The court in that case observed thatthe delay between accusation and trial becomes “presumptively prejudicial” nearthe one-year mark. It found nocompelling reasons for the delay and noted that the defendant promptly assertedhis speedy-trial right while the proceedings were pending. But the defendant couldn’tshow that the delay compromised his defense, and that inability doomed hisclaim.

Factors

Courts undertake a speedy-trial analysis that differsdepending on the law that's at hand. Under the U.S. Constitution,there’s no set time for a speedy trial. Therefore, when a defendant claims aviolation, the court applies a “balancing test,” assessing:

• thelength of the delay
• thereason for it
• whetherthe defendant asserted the speedy-trial right, and
• whetherthe wait compromised the defense.

Apart from the constitutional right, in the federal courts, there's a separate speedy-trial right in the Speedy Trial Act. Similarly, where state law is involved, there's often abenchmark for the speedy-trial evaluation. For some states, the deadlines are strict, while in others, if the time limit has passed, a court must weigh factors like those in the federal constitutional balancing test.

Starting the Clock

Usually, the time between filing of charges (through, forexample a complaintor an indictment) and the suspect’s arrest counts against the time thegovernment has to get the case to trial. That’s because the constitutional right to a speedytrial typically “attaches” on the date of arrest or presentation of formalcharges, whichever happens first. (Wardv. State, 311 Ga.App. 425 (2011).)

Despite the judicial desire to protect against prolonged pretrialanxiety, the constitutional right to speedy trial isn’t triggered by mere suspicion, but onlyby arrest or formal charges. (State v. Glazebrook,282 Neb. 412 (2011).) And any time that the defendant spendsavoiding arrest typically doesn’t count against the government.

A RIGHT TO SPEEDY SENTENCING?

Many states and the federal government have statutes designed to prevent long delays between not only being accused and being tried, but also between being convicted and being sentenced. But the U.S. Supreme Court has established that the Sixth Amendment speedy-trial guarantee generally doesn't apply to sentencing delay. (Betterman v. Montana, 578 U. S. ____ (2016).)

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In the Supreme Court case in question, local authorities kept a man in jail for more than 14 months after his guilty plea before getting around to his sentencing. The Court found that the Sixth Amendment speedy-trial protection doesn’t apply to such scenarios.

The ruling did, however, have limits, including in terms of 'bifurcated' proceedings like death penalty trials. It also didn't determine how the right to due process would apply to the presentencing-delay scenario. Plus, as with the getting-to-trial issue, many states and the federal government have statutes and rules on sentencing timing. For example, a federal rule says that judges must 'impose sentence without unnecessary delay.' (Fed. Rule Crim. Proc. 32(b)(1).)

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Consequences

If a convicted defendant canestablish a violation of the constitutional right to a speedy trial, the court mustset aside the conviction, vacate the sentence, and dismiss the chargingdocument. (United States v. Villarreal,613 F.3d 1344 (11th Cir. 2010).) If the case hasn’t yet gone to trial, thecourt must generally dismiss the charges.

Consult a Lawyer

If you think you might have a speedy-trial argument, whetheryou’ve already been convicted or are awaiting trial, consult a lawyer. A knowledgeable attorney can advise you of the law in your jurisdiction and howit applies to your case. A lawyer can explain whether, if you’re successfulin your claim, the government can refile charges. And an attorney can explain thepros and cons of “waiving time”—that is, giving up your right to a speedytrial.