The criminal judicial process in the United States does not appear to give people a speedy trial.  From the time a crime is committed until someone is arrested for the crime can sometimes take months if not years.  And then before the trial for that crime takes place, another lengthy amount of time can pass, both to get the trial started and then to conduct the trial.  Yet we are promised the right to a speedy trial.  So how does the length of time it takes to charge someone with a crime and then to have the trial line up with protection of the right to a speedy trial?  Read on to learn more about the right to a speedy trial and what it really means.

The right to a speedy trial is given by the Sixth Amendment to the United States Constitution.  The Sixth Amendment specifically states “the accused shall enjoy the right to a speedy… trial”.  The Sixth Amendment was originally added to the United States Constitution as a part of the Bill of Rights in the late 1700s, and it does not explain in any detail what having a speedy trial really means.  But in a case before the Supreme Court in 1972, the court established the meaning of a speedy trial.

Whether someone is getting a speedy trial is not simply a matter of having the trial within a certain amount of time after the crime was committed or after a person was arrested for committing the crime.  Rather, per the Supreme Court, the analysis of what constitutes a speedy trial must include:  how long it has been since the person was arrested, the reason for the delay, whether the defendant has willingly accepted the delay, and whether the delay is likely to impact the verdict in the trial.

Given the above definition, the right to a speedy trial is all about the length of time between when you are arrested for a crime and when the trial takes place.  The right to a speedy trial does not give you any protection or commitment as to how quickly after you commit a crime you will be arrested for the crime.  Rather, the time between when a crime is committed and when you may be arrested for it is defined by the statute of limitations for that crime.

If you have committed a crime, the police can technically arrest you anytime within the statute of limitations for that crime.  The statute of limitations for crimes varies widely depending on the type of crime and the state where the crime was committed.  In general, the more severe a crime, the longer the statute of limitations is for you to be prosecuted for that crime.  For example, the statute of limitations for misdemeanors may be only two or three years.  For felonies, the statute of limitations may range from three years up to ten years, or there may be no statute of limitations for the most severe felonies such as murder and sexual assault.

The prosecution may be incented to bring charges against someone for a crime sooner rather than later, as publicly outcry for justice may pressure them into moving forward and certain evidence, such as witness testimony, may become more unreliable as time passes.  But ultimately, the prosecution should take the time it needs within the statute of limitations to build the best possible case before making an arrest and bringing the case to trial.

Remember that the information above is general in nature.  If you have committed a crime and want to confirm the statute of limitations for that crime in your state, you should speak with a criminal defense attorney.  Likewise, if you have been arrested for a crime, a criminal defense attorney can help explain what constitutes a speedy trial in your circumstances and help be sure that you are receiving one as provided by the Sixth Amendment.

Related articles

• Sixth Amendment rights and the role of defense attorney (criminaldefensehome.com)
• What immediate steps should I take if I am arrested for a crime? (criminaldefensehome.com)
• What is the role of a grand jury in a criminal trial? (criminaldefensehome.com)

by Mark Johnston

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