The Right to a Speedy Trial in a Criminal Case in Indiana

You may have heard the term “right to a speedy trial,” but do you know what it is? This right creates specific deadlines in a criminal case, but exercising this right isn’t always in a defendant’s best interests. An experienced Indianapolis criminal defense lawyer from The Criminal Defense Team can evaluate your case, explain this right, and advise you of whether exercising it is best for your specific case.

What Is the Right to a Speedy Trial?

The right to a speedy trial prevents a defendant from being incarcerated during trial for a prolonged period of time while a case is pending, protecting them against prejudice from delays, and preventing prolonged uncertainty.

The right to a speedy trial derives from the Sixth Amendment to the United States Constitution, which states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…” The law is memorialized in the federal Speedy Trial Act of 1974 (18 U.S.C. § 3161). 

On the state level, Indiana Criminal Procedure Rule 4 provides for the right to a speedy trial. This law allows for the release of a defendant if specific deadlines have not been met. The defendant can also request that the case be dismissed if it has not been tried within a specific deadline. 

Applicable Deadlines

The Speedy Trial Act of 1974 sets specific deadlines, including: 

• The government must file an indictment or information within 30 days of a defendant’s arrest.
• The trial must begin within 70 days of the indictment or the defendant’s first appearance in court.  

At the state level, if the defendant requests a speedy trial, it must occur within 70 days of their request, or they will be released from jail. If they don’t specifically request this right, their trial should occur within six months from the date of the criminal charge, the arrest date, or release from jail, whichever is later. If the defendant is not brought to trial within one year from the date of their arrest or the date the charges were filed, the case can be dismissed. However, any delays attributed to the defense will serve as an extension to the deadline. 

Exceptions

Exceptions may be present that can extend the deadlines for a fast and speedy trial. Federal law recognizes excusable delays, including the complexity of the case, the time required to obtain evidence, and mental competency issues.

On the state level, exceptions may permit extensions to the applicable deadlines, including court congestion where there are too many pending cases. 

Benefits and Risks of a Speedy Trial

This important right can help avoid being in jail too long while your case is pending. Pushing for a fast and speedy trial can help move the case along more quickly, which may make the prosecution have to try the case without fully developing the case or the evidence against you. 

However, there may be legitimate reasons why your criminal defense lawyer would not want to push for a fast and speedy trial, such as if witnesses are not available or evidence has not been processed that could aid in your defense. 

An experienced criminal defense lawyer can advise you whether it is in your best interest to push for a fast and speedy trial.

Contact Us for a Free Case Review

If you have been charged with a crime and would like to learn more about whether you should push for a fast and speedy trial, contact The Criminal Defense Team today.