Also known as: speedy trial · right to speedy trial · right to a speedy trial · Sixth Amendment speedy trial · speedy trial clause
Written by attorneys · grounded in primary & secondary sources — see below
A constitutional guarantee under the Sixth Amendment that protects criminal defendants from undue delay between accusation and trial. Courts evaluate claims by balancing the length of the delay, the reason for the delay, the defendant's assertion of the right, and prejudice to the defendant.
Rivera faced charges for falsifying inspection logs. The court postponed trial for three years while prioritizing other matters. By the time trial began, key defense witnesses had relocated overseas and could not be subpoenaed. Rivera moved to dismiss on speedy trial grounds.
Duncan was charged with simple battery in state court. He demanded a jury trial but was denied under state law. The denial occurred after formal accusation and before any trial date was set.
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Allen and others were charged with weapons possession. The prosecution relied on a statutory presumption to prove the elements. The defendants challenged the presumption's constitutionality during pretrial proceedings.
Teague was convicted after a trial that used a jury selection method later found unconstitutional. He sought to apply the new rule on collateral review years after his conviction became final.
Marion was investigated for fraud but not indicted for several years. He argued the government had delayed formal charges to gain a tactical advantage.
Faretta was charged with theft. He asked to represent himself at trial but the court appointed counsel over his objection. The appointment occurred shortly after arraignment.
Courts balance the length of the delay, the reason for the delay, the defendant's assertion of the right, and prejudice to the defendant. No single factor is necessary or sufficient.
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The only remedy is dismissal of the charges with prejudice. The conviction must be vacated and the indictment dismissed.
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No. Once a defendant has been found guilty or has pleaded guilty, delays in sentencing are governed by due process, not the Speedy Trial Clause.
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Court congestion is a factor in explaining delay but does not automatically justify long postponements. A substantial delay caused solely by prioritizing other matters weighs heavily against the state when it results in lost defense witnesses.
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The right attaches upon formal accusation by indictment or information. It does not apply to pre-charging delay, which is governed by statutes of limitations and due process.
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…that the States must comply with certain provisions of the Sixth Amendment, specifically that the States may not refuse a speedy trial, confrontation of witnesses, and the assistance, at state expense if necessary, of counsel. See cases cited in nn. 8-12, supra. Of each of these determinations that a constitutional…