Most Americans have heard about the right to a “speedy” trial. They generally don’t give that constitutional right much thought, however, until they are faced with an impending criminal trial after being charged with a serious offense.
The right to a speedy, public trial before an impartial jury is guaranteed in certain criminal cases per the Sixth Amendment of the U.S. Constitution. But what exactly is “speedy,” and what if it’s not in your best interests for a trial to be speedy?
What does the law say?
Under Maryland law, “The date for trial in the circuit court shall be set within 30 days after the earlier of the appearance of counsel or the first appearance of the defendant before the circuit court…and shall be not later than 180 days after the earlier of those events….” In federal court, the Speedy Trial Act allows 70 days after an indictment.
A defendant can waive their right to a speedy trial. That can be in their best interests if the defense team needs more time to build a case. That can happen if the alleged offense is complex or there are multiple related alleged offenses, because it may require considerable time to collect evidence.
When are prosecution delays reasonable?
This law exists, for the most part, to protect defendants from unnecessary and unreasonable delays by the prosecution or the court that may be detrimental to the defendant’s case. While cases generally aren’t dismissed because a defendant hasn’t received a speedy trial, it’s crucial to recognize when a trial is being wrongfully delayed so that the defendant can assert their rights as effectively as possible.
The prosecution may be able to demonstrate that they have “good cause” for a delay. That can include anything from a crowded court docket to having to respond to unexpected pretrial actions or new evidence.
If you’re facing charges and you decide to take your case to trial to clear your name, it’s going to be important for your legal team to work to ensure that you aren’t subject to unnecessary delays that can harm your ability to receive a fair trial. That’s just one reason why having experienced legal guidance from the very beginning is critical to protecting your rights as you deal with the criminal justice system.