Your Right to a Speedy Trial
Motions for Delays and Violations of Speedy Trial
In an effort to ensure that no individual who has been accused of a crime
is held in custody for longer than necessary, the Sixth Amendment of the
United States Constitution grants the right to a speedy trial. This right
is also protected in order to ensure that a defense case is not harmed
by unnecessary or excessive delays. At The Law Office of Barney B. Gibbs,
we are proud to fight for the rights of individuals who are charged with
criminal offenses to ensure that they are tried quickly and fairly.
Our Anaheim criminal defense attorney, Barney B. Gibbs, is dedicated to
providing one-on-one legal counsel to all of his clients. His career spans
over 30 years and includes more than 2,500 criminal cases. His experience
has given him a familiarity with
criminal law and the court system that he can use to defend you with efficiency and
aggressiveness. Attorney Gibbs knows how to fight to ensure that protocol
is followed and your rights are upheld.
What is the right to a speedy trial?
Every defendant has the right to have their trial heard within a period
of time that is conducive to its fair hearing and does not cause prejudice.
A case against an accused person is expected to be brought to trial within
45 days of the arraignment, and 30 days if the accused is in custody.
In felony cases, the right to a speedy trial begins when the defendant
is arraigned on an indictment, after being arrested, or called to the
court to be examined or bring information.
In order for a trial to be delayed, the prosecution has to prove valid
cause, which can include a defendant's failure to appear. However,
if a court violates the right to a speedy trial because of a congested
court calendar, this typically does not qualify as just cause. It is the
responsibility of the state to have an adequate number of courtrooms and
judges to hear all cases within a timely manner.
Motions on the grounds of a violation of the right to a speedy trial can
be filed if it can be proven that a delay has caused prejudice to a defendant.
This means that a defense case has been harmed or hindered by an excessive
delay between the time of the complaint and the start of the trial. However,
if it is determined that the prosecution intentionally delayed the case
in order to encourage losses to the defense, little to no prejudice has
to be proven.
Prejudice can be demonstrated through the following:
- Loss of witnesses
- Loss of memory
- Loss of evidence
If prejudice can be proven, the severity of the losses will determine the
action that a court takes on the
motion. If the prejudice is significant, the prosecution must prove valid cause
for the delay or else the case will likely be dismissed. However, even
if the case is not dismissed, any amount of proven prejudice will place
the burden on the prosecution. Additionally, a case may be dismissed regardless
of severity of prejudice if a prosecution fails to provide reason for delay.
Put 30 Years of Experience in Your Corner
When you retain the representation of an Anaheim criminal lawyer at The
Law Office of Barney B. Gibbs, you are gaining experience, competence,
and dedication. In order to ensure that every individual can access legal
counsel, we are proud to offer financing options and flexible payment
plans. Attorney Gibbs has seen more than 1,100 cases dismissed because
he is committed to ensuring that every defendant gets a fair and speedy trial.
free case evaluation to get started.
Contact us today!