SPEEDY TRIAL ACT - FIRST LINE OF DEFENSE

• NCJ Number: 47517
• Journal: Trial Volume: 14 Issue: 6, Dated: (JUNE 1978) Pages: 46-48
• Author(s): N S SOLOMON
• Date Published: 1978
• Length: 3 pages
• Corporate Author: Assoc of Trial Lawyers of America
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

STRATEGIES ARE GIVEN TO HELP DEFENSE ATTORNEYS USE THE FEDERAL SPEEDY TRIAL ACT OF 1974 AND VARIOUS STATE SPEEDY TRIAL LAWS TO ENSURE THE SIXTH AMENDMENT RIGHTS OF THEIR CLIENTS.

Abstract

ALTHOUGH THE CONSTITUTION PROVIDES FOR A SPEEDY TRIAL, THIS MANDATE HAS GONE UNENFORCED IN MOST STATES. HOWEVER, PEOPLE ACROSS THE COUNTRY ARE BECOMING AWARE OF THE PROBLEM AND AN INCREASING NUMBER OF APPEALS ARE BASED, IN FULL OR IN PART, ON THE DENIAL OF A RAPID TRIAL. THE FEDERAL SPEEDY TRIAL ACT STATES THAT CHARGES AGAINST A DEFENDANT IN A FEDERAL CRIMINAL PROCEEDING MUST BE DISMISSED IF THE CASE IS NOT BROUGHT TO TRIAL WITHIN 90 DAYS. MOST STATE STATUTES ARE MORE FLEXIBLE. ABOUT HALF OF THE STATES HAVE LAWS WHICH SPECIFY THE TIME LIMITATION AS SO MANY TERMS OF COURT. SINCE RURAL AREAS MAY HAVE ONLY TWO TERMS PER YEAR WHILE URBAN AREAS HAVE MANY, THIS RESULTS IN UNEQUAL ADMINISTRATION OF JUSTICE ACROSS THE STATE. THE BEST SPEEDY TRIAL LAWS PROVIDE FOR TRIAL WITHIN A CERTAIN NUMBER OF DAYS OR MONTHS AFTER ARREST OR ARRAIGNMENT. FLORIDA'S LAW RECOGNIZES THAT SOME DEFENDANTS DO NOT WANT A SPEEDY TRIAL AND PROVIDES FOR TRIAL WITHIN 60 DAYS IF THE DEFENDANT MAKES A DEMAND FOR FOR A SPEEDY TRIAL, AND 90 DAYS FOR A MISDEMEANOR AND 180 FOR A FELONY WHEN THE DEFENDANT DOES NOT. NEARLY ALL THESE LAWS HAVE PROVISIONS TO HANDLE ROUTINE DEFENSE MOTIONS FOR DELAY, OFTEN FORCING A CASE TO COME TO TRIAL IN SPITE OF DEFENSE DELAY. TO MAKE MAXIMUM USE OF SPEEDY TRIAL LAWS, THE DEFENSE ATTORNEY SHOULD DEMAND THAT HIS CLIENT'S SIXTH AMENDMENT RIGHTS BE OBSERVED. COMPLAINTS ABOUT THE DENIAL OF A SPEEDY TRIAL SHOULD BE MADE AS EARLY AND AS OFTEN AS POSSIBLE. THE DEFENDANT'S FAILURE TO REQUEST A SPEEDY TRIAL COULD BE VIEWED AS A WAIVER OF THAT RIGHT, BUT IN MOST JURISDICTIONS IT IS NOT VIEWED AS A COMPLETE WAIVER. HOWEVER, ENTRIES IN THE RECORD OF COMPLAINTS ABOUT PROSECUTION DELAYS WILL HELP IF THE CASE GOES TO APPEAL. IF THE CLIENT IS IN JAIL, THE SUFFERING CAUSED BY THE INCARCERATION SHOULD BE EMPHASIZED. SUCH CONCERN FOR CLIENT RIGHTS ALSO HELPS THE LAWYER. THE PROBABILITY THAT A CASE WILL BE REVERSED ON APPEAL IS HIGHER IF THE ATTORNEY WAS NOT COMPETENT ENOUGH TO LOOK AFTER ALL OF THE CLIENT'S CONSTITUTIONAL GUARANTEES. (GLR)