Sixth Amendment: Right to a Speedy Trial
The Sixth Amendment of the Constitution, which grants the right to a speedy trial, is an important one for anyone accused of a crime. This right is given once the government has formally accused you of a crime, by either arresting you or indicting you.
Very few citizens are aware of what is meant by “speedy trial.” The purpose of this right is to ensure that you do not unduly spend an excessive amount of time awaiting your right to defend yourself and resolve your case in court.
When proving that a defendant’s right to a speedy trial was deprived, the court in Barker v. Wingo determined that there are four points to consider in the decision process:
1. The length of the delay
2. The reason for that delay
3. The defendant’s assertion of his/her right
4. The degree of prejudice to the defendant
In Barker v. Wingo, the court found that while the length of the delay between the defendant’s arrest and his trial (due to several continuances filed by the prosecution) was indeed excessive and that only a fraction of the amount of time spent incarcerated was due to justifiable reasons, his right to a speedy trial was not violated because his defense was not negatively affected by the delays and, perhaps more significantly, he did not oppose the many delays consistently.
Don’t wait too long to assert your right to a speedy trial. Call 301.362.3300 today to speak with an experienced Maryland criminal attorney at Azari Law that will guarantee your rights will be asserted!