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.

Defendant Prejudice

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.

Schedule your free case evaluation to get started. Contact us today!