Sixth-Amendment criminal defendant’s right to a speedy trial
In criminal prosecutions, a defendant’s right to demand that trial commences within a specified time from the date of arraignment or incarceration is known as the right to a speedy trial.
The Supreme Court does not specify how many days, weeks, or months from a defendant’s arraignment or incarceration constitutes compliance with the speedy trial requirement, except for stating it must not exceed a reasonable time, which is another way of saying that the standard of “reasonableness” should be determined by the states, not the federal government.
For example, in California, under Penal Code 1382, the number of days required by the state’s laws for a speedy trial depends on the type of crime charged.
If the right to a speedy trial is deemed violated, the charges must be dismissed, and the defendant released upon motion from the defense lawyer. This, however, is not a get-out-of-jail-free card. It means the prosecutor will refile the case and have to set a new bail hearing.
