In criminal prosecutions, a defendant has a right to demand a trial within a short time under the Sixth Amendment of the U.S. Constitution. The Sixth Amendment states " In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. "
Each state has a statute or constitutional provision limiting the time an accused person may be held before trial, which varies by state. Charges must be dismissed and the defendant released if the period expires without trial. However, defendants often waive the right to a speedy trial in order to prepare a stronger defense, and if the accused is free on bail he/she will not be hurt by the waiver. Speedy trials laws serve to (1) to effectuate the right of the accused to a speedy trial; (2) to further the interests of the public, including victims and witnesses, in the fair, accurate, and timely resolution of criminal cases; and (3) to ensure the effective utilization of resources. The passage of time alone may lead to the loss of witnesses through death or other reasons and the blurring of memories of available witnesses. There are also societal interests at stake. Persons in jail must be supported at considerable public expense and often families must be assisted as well. Persons released back into the community may commit other crimes, may be tempted over a lengthening period of time to ''jump'' bail, and may be able to use the backlog of cases to engage in plea bargaining for charges or sentences which are not in society's best interests.
The length of time considered speedy has no precise definition. State laws often state that a person must be brought to trial with a certain number of days after arraignment. For example, the Mississippi Speedy Trial Act requires a showing of "good cause" to toll the 270-day time limit for the commencement of a criminal trial after arraignment. However, a person may wait several years to be indicted, since arraignment follows indictment.
Speedy trial rights also apply to juveniles charged with delinquency offenses in certain states. However, federal speedy trial rights generally do not apply to juveniles. State laws define when a delinquency petition or other action must be taken against a juvenile. Laws vary by state, so local law should be consulted for specific requirements in your area.
The following is an example of a Texas statute defining speedy trial rights:
"Time limitations
Sec. 1. A court shall grant a motion to set aside an indictment, information, or complaint if the state is not ready for trial within:
Sec. 2. (a) Except as provided in Subsections (b) and (c) of this section, a criminal action commences for purposes of this article when an indictment, information, or complaint against the defendant is filed in court, unless prior to the filing the defendant is either detained in custody or released on bail or personal bond to answer for the same offense or any other offense arising out of the same transaction, in which event the criminal action commences when he is arrested.
(b) If a defendant is to be retried following a mistrial, an order granting a new trial, or an appeal or collateral attack, a criminal action commences for purposes of this article on the date of the mistrial, the order granting a new trial, or the remand.
(c) If an indictment, information, or complaint is dismissed on motion of the defendant, a criminal action commences for the purposes of the article when a new indictment, information, or complaint against the defendant is filed in court, unless the defendant is either detained in custody or released on bail or personal bond to answer for the same offense or any other offense arising out of the same transaction, in which event the criminal action commences when he is detained or released.
Sec. 3. The failure of a defendant to move for discharge under the provisions of this article prior to trial or the entry of a plea of guilty constitutes a waiver of the rights accorded by this article.
Sec. 4. In computing the time by which the state must be ready for trial, the following periods shall be excluded:
(1) a reasonable period of delay resulting from other proceedings involving the defendant, including but not limited to proceedings for the determination of competence to stand trial, hearing on pretrial motions, appeals, and trials of other charges;
(2) any period during which the defendant is incompetent to stand trial;
(3) a period of delay resulting from a continuance granted at the request or with the consent of the defendant or his counsel, except that a defendant without counsel is deemed not to have consented to a continuance unless the court advised him of his right to a speedy[0] trial and of the effect of his consent;
(4) a period of delay resulting from the absence of the defendant because his location is unknown and:
(5) any period of delay during which the defendant is absent because he is a fugitive or his bail is forfeited or because he resists being returned to the state for trial;
(6) a reasonable period of delay resulting from a continuance granted at the request of the state if the continuance is granted:
(7) if the charge is dismissed upon motion of the state or the charge is disposed of by a final judgment and the defendant is later charged with the same offense or another offense arising out of the same transaction, the period of delay from the date of dismissal or the date of the final judgment to the date the time limitation would commence running on the subsequent charge had there been no previous charge;
(8) a reasonable period of delay when the defendant is joined for trial with a codefendant as to whom the time for trial has not run, if there is good cause for not granting a severance;
(9) a period of delay resulting from detention of the defendant in another jurisdiction, if the state is aware of the detention and exercises due diligence to obtain his presence for trial;
(10) any period the defendant is released from custody without bail;
(11) any reasonable period of delay caused by exceptional circumstances not under the direct control of the state's attorney, including the completion, by another agency, of scientific analysis necessary to determine the offense to be charged; and
(12) any other reasonable period of delay that is justified by exceptional circumstances."
