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Right to a Speedy Trial in Federal Criminal Cases

Posted by Dmitry Gorin | Dec 31, 2024

Let's delve into the crucial role of the Sixth Amendment to the United States Constitution in protecting your right to a speedy trial in federal court. Does heavy caseloads in federal court infringe on your right to a speedy trial? This fundamental right, among others, ensures that criminal defendants are entitled to a "speedy and public trial."

This safeguard aims to prevent unnecessary or harmful delays that could adversely impact a defendant's case. However, heavy caseloads in federal courts can strain the judicial system, leading to significant delays.

Right to a Speedy Trial in Federal Criminal Cases
Under the Sixth Amendment, a federal criminal defendant must be brought to trial within a certain amount of time.

If not managed properly, these delays have the potential to violate a defendant's constitutional right, particularly when they prejudice the accused's ability to receive a fair trial. This underscores the urgency of addressing this issue.

Title 18 U.S. Code Chapter 208 protects the federal criminal justice system by ensuring the defendant's right to a speedy trial.

A defendant must be indicted within 30-60 days of an arrest for a federal crime. Then, under normal circumstances, the defendant must be brought to trial within 70 days from when the information (for misdemeanors) or indictment (for felonies) is filed.

The law outlines several exceptions to this time limit, including some at the court's discretion, such as delays caused by a defendant's failure to appear or lack of mental competency.

If you're charged with a federal crime and these laws are violated, in other words, if you're not brought to trial according to the time frame required by law, the charges against you must be dropped or dismissed.

18 U.S.C. 3161(a) says, "In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, or list it for trial on a weekly or other short-term trial calendar at a place within the judicial district, so as to assure a speedy trial."

Suppose someone was charged with a felony in a district where no grand jury has been in session during such thirty days. In that case, the period for filing the indictment will be extended an additional thirty days.

The Sixth Amendment and the Right to a Speedy Trial

The right to a speedy trial is integral to the integrity of the judicial system. It ensures that individuals are not left in prolonged legal uncertainty, which could lead to emotional distress, harm to reputation, and even loss of liberty if they are held in custody.

Additionally, this right protects the accused from the risk of evidence deteriorating over time. Witnesses' memories may fade, physical evidence may become unavailable, or other circumstances may arise, undermining the quality of the defense.

While the Sixth Amendment guarantees this protection, it does not specify an exact timeframe for how soon a trial must occur. This flexibility allows courts to schedule trials according to their existing demands, but it also creates the risk of excessive delays under certain circumstances.

What are the Common Causes for Delayed Trials in Federal Courts?

Federal courts are often burdened with congested dockets. When they become overwhelmed, scheduling conflicts become more frequent, thereby postponing proceedings for defendants, some of whom are awaiting trial in custody.

This overcrowding can erode an individual's right to timely justice and may impair their ability to present an effective defense. Various elements play a role in delaying federal trials, including:

  • Limited Judicial Resources - Federal courts often face staffing or budget constraints that hinder their ability to process cases efficiently. A shortage of judges or courtroom availability can exacerbate scheduling delays.
  • Complex Pretrial Proceedings - Federal cases typically involve more intricate litigation, including motions to suppress evidence, discovery disputes, or expert testimony requirements. Resolving these issues takes time and can extend pretrial periods.
  • Competing Priorities - Courts must balance numerous cases simultaneously, giving priority to certain matters, such as those involving detained defendants or highly sensitive issues.
  • Unforeseen Circumstances - Factors such as natural disasters, pandemics, or emergencies may temporarily disrupt court operations, creating backlogs.

Determining a Sixth Amendment Violation

Not all delays result in a violation of the Sixth Amendment; the determination involves a fact-specific analysis based on four key factors established by the U.S. Supreme Court in Barker v. Wingo (1972).

To argue successfully that your trial delay has violated your right to a speedy trial under the Sixth Amendment, a skilled federal criminal defense attorney must present evidence that the following key factors have come into play:

  • The Length of the Delay: The duration of the delay is a threshold issue when assessing a violation. While short delays may be permissible, an extended postponement triggers further inquiry. There is no definitive benchmark, but courts often weigh delays of a year or more with greater scrutiny.
  • The Reasons for the Delay: The cause of the delay is a critical consideration. Delays caused by the prosecution's negligence or deliberate attempts to gain an advantage weigh heavily against the government. Conversely, delays attributed to valid or unavoidable reasons, such as the complexity of the case, are less likely to result in a violation.
  • The Accused's Demand for a Speedy Trial: A defendant's actions during the delay are also evaluated. Courts generally expect defendants to assert their right to a speedy trial. Failure to do so may suggest that the defendant is tolerating or even contributing to the delay.
  • The Prejudice to the Accused: Finally, courts assess whether the delay harmed the defendant's ability to obtain a fair trial. Prejudice can take various forms, including prolonged incarceration, disruption to the accused's life, or harm to the defense due to lost evidence or unavailable witnesses. Demonstrating prejudice is often a pivotal factor in proving a Sixth Amendment violation.

Leveraging Delays to Protect Defendants' Rights

When heavy caseloads and resulting delays interfere with a fair trial, a skilled federal criminal defense lawyer can take action to protect a defendant's Sixth Amendment rights.

Experienced attorneys understand the procedural benchmarks that courts must meet and can highlight instances where delays have violated constitutional standards.

Attorneys may file motions arguing that excessive delays have compromised the case. For example, if key witnesses can no longer testify or if crucial evidence has been lost due to prolonged delays, legal counsel may assert that the defendant's ability to mount an effective defense has been irreparably harmed and that the case should be dismissed.

Additionally, skilled attorneys can hold prosecutors accountable for any negligence or bad-faith conduct contributing to delays. By taking a proactive approach, they ensure that systemic inefficiencies do not infringe on their client's rights.

What If You Believe You Are Being Denied a Speedy Trial?

Notably, federal district courts typically make every effort to comply with 18 U.S.C. Chapter 208 in protecting defendants' rights.

Federal Speedy Trial Violations

However, the law is complex, and there are many exceptions and extenuating circumstances. Thus, it's often challenging for the average person to know whether their right to a speedy trial is truly being protected, especially if numerous delays are preventing them from going to trial.

Suppose you believe that the prosecutors or court are not complying with the federal speedy trial laws or are trying to manipulate them for their advantage. In that case, you should hire an experienced federal criminal defense law firm to help you.

They will be able to identify any law violations and take the necessary steps to protect your rights. They might even be able to use a speedy trial violation as leverage in negotiations with prosecutors or the court, helping you get a better deal or avoid jail time. Sometimes, they may also be able to file a motion to dismiss your case.

Contact us to review the case details and legal options. Eisner Gorin LLP is located in Los Angeles, California, and provides legal representation on federal criminal issues throughout the United States.

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About the Author

Dmitry Gorin

Dmitry Gorin is a State-Bar Certified Criminal Law Specialist, who has been involved in criminal trial work and pretrial litigation since 1994. Before becoming partner in Eisner Gorin LLP, Mr. Gorin was a Senior Deputy District Attorney in Los Angeles Courts for more than ten years. As a criminal tri...

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