Dismissing Criminal Cases for a Sixth Amendment Speedy Trial Violation

April 28, 2023

The Sixth Amendment to the United States Constitution guarantees that criminal defendants have the right to a speedy trial. This means that criminal defendants have the right to be brought to trial within a reasonable time after they have been charged with a crime. In California, the state constitution and the California Penal Code also provide for the right to a speedy trial.

However, despite this constitutional guarantee, there are instances where criminal defendants are not brought to trial in a timely manner. This can happen for a variety of reasons, such as a heavy caseload in the courts, delays in the gathering of evidence, or problems with the availability of witnesses. When this happens, defendants may be able to have their cases dismissed due to a violation of their right to a speedy trial.

When a criminal defendant in California believes that their right to a speedy trial has been violated, they can bring a motion to dismiss the charges against them. This motion is usually made in the court where the case is pending and is typically heard by the judge who is assigned to the case.

The court will consider several factors when determining whether a defendant’s right to a speedy trial has been violated. These factors include the length of the delay, the reason for the delay, the defendant’s assertion of their right to a speedy trial, and the prejudice against the defendant as a result of the delay.

The length of the delay is one of the most important factors considered by the court. In California, there is no specific time frame within which a trial must be held. However, the court will generally consider a delay of more than six months to be presumptively prejudicial, meaning that it is presumed to have caused prejudice to the defendant unless the prosecution can show otherwise.

The reason for the delay is also an important factor. Delays caused by the prosecution, such as a failure to provide discovery or a failure to bring the defendant to trial, are considered more prejudicial than delays caused by the defense, such as a request for a continuance.

The defendant’s assertion of their right to a speedy trial is also considered. If a defendant does not assert their right to a speedy trial, the court may find that they have waived that right. However, if a defendant has asserted their right to a speedy trial and the prosecution has not brought the case to trial within a reasonable time, the court may find that the defendant’s right to a speedy trial has been violated.

Prejudice to the defendant is also an important factor. The court will consider the extent to which the delay has prejudiced the defendant’s ability to defend themselves. This can include the loss of evidence or the unavailability of witnesses.

If the court finds that a defendant’s right to a speedy trial has been violated, the court may dismiss the charges against the defendant. However, the court may also take other actions, such as excluding certain evidence or limiting the prosecution’s case.

It’s worth noting that there are some exceptions to the right to a speedy trial. For example, if a defendant is charged with a capital offense, the prosecution may be given more time to prepare their case. Additionally, if a defendant is charged with a serious crime and is considered a flight risk, the prosecution may be given more time to bring the defendant to trial.

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If you’ve been accused of a crime in Southern California, then give the Law Offices of John D. Rogers a call today to discuss your options. Contact us to schedule a free confidential consultation with an experienced Orange County criminal defense attorney.

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