A Speedy Trial?

We hear about the right to a speedy trial—a constitutional guarantee provided by the Sixth Amendment. Nevertheless, we hear about people who are behind bars awaiting trial all the time, which makes one wonder, what does the term “speedy” really mean in this context? And why are nearly 45,000 people sitting in county jails across California even though they have never been convicted or sentenced? Moreover, why have over 1,000 been rotting in jail for over three years, and why have another 332 been there for over five years? 

Speedy is Debatable

There is no actual definition of “speedy” in the Constitution, so scholars have landed on the term “reasonable” to describe the length of time someone must wait for a trial to occur.  Unfortunately, that word is no more definitive than the word we were originally trying to understand! We can look at legal precedent and see that the U. S. Supreme Court defined a speedy trial as essentially a balancing act where the conduct of both the prosecution and the defendant are contemplated. If that makes the definition sufficiently muddy, perhaps the four items to be considered will help:

• The length of a delay;
• Reasons for a delay;
• Prejudice to a defendant;
• Whether the defendant requested a speedy trial.

Still feeling a bit confused? Thankfully, the Speedy Trial Act puts some meat on the bone.  In general, a suspect must be charged with a federal crime within 30 days of a summons or arrest. Assuming the person pleads not guilty, a trial must be scheduled for no more than 70 days beyond that date or the date the person appears in court. Local statutes differ by state, but have similar deadlines.  Here in California, Penal Code 1382 PC has the following time limits:

• Within 15 days of arrest formal charges must be filed;
• Trials must occur within 45 days of arraignment for misdemeanors and infractions;
• Felonies must go to trial within 60 days of arraignment.

Why Doesn’t This Always Occur According to Time Constraints?

Under certain circumstances, these rules may be modified, which can occur if either party asks the court for a continuance. For instance, the defendant may wish to waive their right to a speedy trial if they need more time to bolster their defense. There may be other reasons to delay the trial, including: 

• If the case is extremely complicated and more time is needed;
• If new evidence changes the route a prosecutor or defense attorney may wish to engage;
• If the court calendar is too full to handle the cases in a speedy fashion;
• If the defendant becomes ill or otherwise incapacitated and unable to attend trial;
• If a natural disaster or other incident (like the pandemic) makes trying the case on time impossible.

Defending Your Rights

The aggressive criminal defense attorneys at Boertje & Associates always fight to defend the Constitutional rights of our clients. To discuss your case, schedule a confidential consultation in our San Diego office today.