what if your right to a speedy trial is violated by your lawyer?

For example, if your attorney requests a continuance (like rescheduling a court date to a later date), causing your trial date to be pushed out, your right to a speedy trial is not violated. If you are unavailable for a court date or your lawyer is unavailable and your trial date is pushed out, your speedy trial rights are not violated.

Full Answer

Do I have a right to a speedy trial?

While the law is clear that defendants have a right to a speedy trial, it does not specifically define what that means. The individual circumstances of a case often determine how quickly it can be ready to go to trial, and a violation of the requirement of a speedy trial will often be determined on a case-by-case basis.

What happens if there is a constitutional speedy trial violation?

When a constitutional speedy trial violation is found, courts are to dismiss the case with prejudice, which means the prosecutors are not allowed to refile the charges. Proving that there has been a legitimate speedy trial violation can be complicated.

How do judges decide whether to dismiss charges for speedy trial violations?

Instead, when deciding whether to dismiss charges for speedy trial violations, judges weigh the reason for the delay against any harm caused to the defendant, among other factors (see below). In addition to constitutional speedy trial rights, most jurisdictions have speedy trial statutes (laws) that set explicit time frames for trials.

What are the remedies for statutory Speedy Trial violations?

Remedies for statutory speedy trial violations range from the court releasing defendants from pretrial detention to dismissing charges with or without prejudice. If you think the government has violated your right to a speedy trial, talk to a lawyer.

What is the remedy for the violation of the right to a speedy trial?

If a convicted defendant can establish a violation of the constitutional right to a speedy trial, the court must set aside the conviction, vacate the sentence, and dismiss the charging document.

What are the 4 factors courts used to determine whether defendant has been denied a speedy trial?

Though some might express them in different ways, we identify four such factors: Length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.”

What consequences would result if defendants had no right to a speedy trial?

A violation of the speedy trial rule means that any conviction and sentence must be wiped out, and the charges must be dismissed if the case has not reached trial. The federal Speedy Trial Act provides some instruction for federal cases.

Is speedy trial a civil right?

A speedy trial is the constitutional and statutory right of an individual to be brought before the court within a "speedy" time or be released. Speedy trial rights can be protected at three levels: The Federal Bill of Rights. Specifically, the Sixth and 14th amendments provide a federal right to a speedy trial.

Which factor helps determine whether a trial is sufficiently speedy?

These factors are: Length of delay; Reason for the delay; Defendant's assertion of his right; and.

Why is the right to a speedy trial important?

Right to a Speedy Trial: This right is considered one of the most important in the Constitution. Without it, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to assuring that a criminal defendant receives a fair trial.

What happens when the 6th Amendment is violated?

United States , the U.S. Supreme Court rules that if the Sixth Amendment's speedy trial right is violated, then the Court must dismiss the indictment against the defendant or reverse the conviction.

How long is a speedy trial?

In case of offences punishable with death, imprisonment for life or imprisonment for a term of not less than 10 years, the investigation is not completed within 90 days and in case of other offences, the investigation is not completed within 60 days then on expiration of such periods as the case may be the accused ...

What is the right to a quick appearance before a judge?

For example, in federal court, the Speedy Trial Act requires the government to bring defendants to trial within 70 days of the filing of charges or the defendant's appearance before a judicial officer in court, whichever is later. (18 U.S.C. § 3161.)

What is the Seventh Amendment?

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

What is the 7th amendment in simple terms?

The Seventh Amendment extends the right to a jury trial to federal civil cases such as car accidents, disputes between corporations for breach of contract, or most discrimination or employment disputes.

What is the 8th Amendment in simple terms?

The Eighth Amendment to the United States Constitution states: “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” This amendment prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining ...

1 attorney answer

Felonies have no statute of limitations on felonies so waiting 3-4 years is not a violation of your rights. Unless you demanded a speedy trial, your right to a speedy trial has not been violated. If you don’t like your court appointed attorney you can hire another attorney at your expense.

Michael T Burns

Felonies have no statute of limitations on felonies so waiting 3-4 years is not a violation of your rights. Unless you demanded a speedy trial, your right to a speedy trial has not been violated. If you don’t like your court appointed attorney you can hire another attorney at your expense.

Which amendment guarantees the right to a speedy trial?

The United States Constitution guarantees that those accused of criminal actions have particular rights. Many of these rights are made explicit in the Sixth Amendment, an addition to the Constitution that was made official in 1791. The Sixth Amendment reads, in part, “the accused shall enjoy the right to a speedy and public trial, by an impartial jury.”

Why is speedy trial important?

A speedy trial helps ensure the defense has adequate access to high-quality evidence.

How long does it take to get a case to trial in Colorado?

In Colorado, the law declares that a case must be brought to trial within six months of a defendant’s decision to enter a “not guilty” plea.

Do prosecutor need more time for evidence collection?

Prosecutors needing more time for evidence collection after due diligence is practiced

Do defendants have a right to a speedy trial?

While the law is clear that defendants have a right to a speedy trial, it does not specifically define what that means. The individual circumstances of a case often determine how quickly it can be ready to go to trial, and a violation of the requirement of a speedy trial will often be determined on a case-by-case basis.

What is the right to a speedy trial?

Constitution and their individual state constitutions. The right to a speedy trial doesn't guarantee an instant trial: Defendants are entitled to a trial as soon as reasonably possible.

What guarantees a speedy trial?

Federal and state constitutions, plus laws passed by Congress and the states, guarantee a speedy trial. Depending on the circumstances, defendants whose rights have been ignored might be entitled to a dismissal of the charges.

Why is speedy trial important?

The purpose of these layers of constitutional and statutory protection is to: prevent lengthy pretrial incarceration. minimize anxiety over accusations.

What are the three speedy trial arguments?

Three different speedy trial arguments are potentially available to a defendant: one based on the U.S. Constitution, one based on their state's constitution, and one based on speedy trial statutes. Defendants file a speedy trial motion and present evidence on factors that support their claim, like the length of delay and prejudice to the defense.

How long does it take to get a speedy trial?

For example, in federal court, the Speedy Trial Act requires the government to bring defendants to trial within 70 days of the filing of charges or the defendant's appearance before a judicial officer in court, whichever is later. (18 U.S.C. § 3161.) Most states have similar deadlines. Some states strictly enforce deadlines, while others weigh factors (similar to the constitutional balancing test) to determine whether a delay is too long.

What to do when you are awaiting trial?

If you are awaiting trial, talk to a lawyer about the pros and cons of asserting your right to a speedy trial or whether it makes sense to "waive time.".

How long does it take to get a felony charged?

For example, in California, the government must get defendants charged with a felony to trial within 60 days of arraignment on an indictment or information.

Why waive the right to a speedy trial?

Waiving Your Right to a Speedy Jury Trial. Given the short periods of time that a case is required to be brought to trial, it is often in the best interests of the defendant to waive the right to a speedy trial. This gives the defense more time to prepare to defend the case and do the work required to find favorable witnesses or evidence.

What does "speedy" mean in court?

A "speedy" trial basically means that the defendant is tried for the alleged crimes within a reasonable time after being arrested. Although most states have laws that set forth the time in which a trial must take place after charges are filed, often the issue of whether or not a trial is in fact "speedy" enough under the Sixth Amendment comes down ...

What is speedy trial?

The U.S. Constitution does not define exactly what is "speedy" when deciding whether the trial occurred soon enough. Not surprising there has been a lot of litigation and legislation passed to help determine time limits for a speedy trial. The U.S. Supreme Court provided some guidance in laying out the factors to be considered when trying to determine whether the time to trial was speedy enough. These factors are: 1 Length of delay; 2 Reason for the delay; 3 Defendant's assertion of his right; and 4 Prejudice to the defendant.

What happens when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant?

In the most extreme situations, when a court determines that the delay between arrest and trial was unreasonable and prejudicial to the defendant, the court dismisses the case altogether. The U.S. Constitution does not define exactly what is "speedy" when deciding whether the trial occurred soon enough. Not surprising there has been ...

How many jurors are needed to find a defendant guilty?

In almost all states, 12 jurors must agree in order to find a defendant "guilty" or "not guilty.". In such states, if the jury fails to reach a unanimous verdict and finds itself at a standstill (a "hung" jury), the judge may declare a "mistrial," after which the case may be dismissed or the trial may start all over again.

What is the right of a defendant to be tried by a jury?

This means that a criminal defendant must be brought to trial for his or her alleged crimes within a reasonably short time after arrest, and that before being convicted of most crimes, the defendant has a constitutional right to be tried by a jury, which must find the defendant guilty "beyond a reasonable doubt.".

How long does a trial last?

While the Supreme Court provides some guidance, the Congress and many states have passed laws to provide specific time limits for the trial to occur. The U.S. Congress passed the Speedy Trial Act which set a time limit of 70 days from the filing date of ...

When should a trial occur?

Since one man’s perception of promptness is sure to differ from another’s , the general intention for a trial to occur as soon as possible after an indictment or arrest is often open to interpretation. If the courts should decide that an otherwise inordinate delay had no adverse effect on the defendant’s ability to mount a strong defense, it could jettison any Sixth Amendment attempts at getting the charge or conviction dismissed.

Can you dismiss charges against you if you violate the 6th amendment?

If you and your criminal defense attorney can successfully establish a clear violation of your Sixth Amendment rights before your case has made it to trial, the courts must legally dismiss the charges against you. Moreover, these rights can protect you even after your conviction. If you can prove that unacceptable delays compromised all chances of winning your case, the courts must set aside your conviction, vacate your sentence and dismiss any charges against you.