Should a Defendant Always Exercise Their Right to a Speedy Trial

January 20, 2024

The right to a speedy trial is a fundamental aspect of the American justice system, enshrined in the Sixth Amendment of the U.S. Constitution. It’s a right that plays a crucial role in ensuring fairness in legal proceedings. However, the decision to invoke this right is not always straightforward and can have significant implications for a defendant’s case, especially in California.

The Basics of Speedy Trial Rights

In California, the statutory framework sets specific time frames for when a trial must commence. For misdemeanants in custody, the law mandates a trial within 30 days from arraignment. For those out of custody, the timeline extends to 45 days. In felony cases, defendants have a right to a jury trial within 60 days from the arraignment on the indictment or information.

The Attorney’s Role: Preparation is Key

Legal representation involves meticulous preparation. Attorneys need adequate time to review police reports, analyze audio and video evidence, locate and interview witnesses, and develop a defense strategy. Rushing to trial without allowing your attorney sufficient time for preparation can be detrimental to the outcome of your case.

When Might a Speedy Trial Be Advantageous?

There are scenarios where asserting the right to a speedy trial could be beneficial. One such instance is when the prosecution is not fully prepared. A quick trial might catch them off-guard, potentially leading to a more favorable outcome for the defendant. This strategy, however, is not without risks and should be considered only after thorough consultation with legal counsel.

The Flip Side: Potential Pitfalls

Opting for a speedy trial can backfire if it means your defense team has insufficient time to build a strong case. Important defense tactics, such as gathering evidence, consulting with experts, or negotiating plea deals, cannot be rushed. Moreover, if the prosecution is ready and your defense is not, this could lead to an unfavorable verdict.

Weighing the Decision

The decision to exercise the right to a speedy trial should be made on a case-by-case basis, considering various factors such as:

  • The complexity of the case: More complex cases generally require more preparation time.
  • The readiness of the prosecution: If they are not ready, a speedy trial could be advantageous.
  • The availability of witnesses: Sometimes, delaying the trial might result in witnesses being unavailable or forgetting crucial details.
  • Personal circumstances of the defendant: Being in custody vs. out of custody can influence this decision.


The right to a speedy trial is a powerful tool in the hands of a defendant. However, it should be exercised with caution and strategic forethought. The best course of action always lies in a thorough discussion with your attorney, weighing the pros and cons in light of the specifics of your case. Remember, while justice delayed can be justice denied, a hasty trial can also lead to an unjust outcome.

If you have been accused of a crime, then on contact the Law Offices of John D. Rogers to schedule a consultation with an experienced Orange County criminal defense attorney.

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