The Right to a Speedy Trial Isn’t Just a Recommendation

If you recall the basics of high school civics class, you remember that every American citizen charged with a crime is entitled to a speedy trial. While this may seem like a general guideline, the reality is that this rule is strict in its application. Because of this, the right to a speedy trial greatly affects criminal defense cases in Colorado Springs.

While complete data is difficult to come by, it’s clear that many individuals accused of crimes are released because the government violated this right. American courts that handle cases quickly have a much lower rate of dismissals than those that administer justice slowly. If you’ve been charged with a crime, this can have significant impacts on the eventual result.

Speedy Trials: The Legal Framework

When people think of their rights after an arrest, they typically envision their Miranda Rights. In reality, police don’t have to read this warning to someone being placed under arrest. This is typically only necessary if their suspect will be questioned. However, the right to a speedy trial is far more pertinent in most cases. The legal framework of this right explains why.

If we look at the Sixth Amendment of the U.S. Constitution, we see that this right has existed since our nation’s earliest days. When the government chooses to charge someone, they’ve essentially placed limits on that individual’s freedom. This cannot be a neverending endeavor, and the government can’t simply bide its time until it believes it has a strong case.

The right to a speedy trial affects criminal defense in Colorado Springs to an even higher degree. That’s because our state enforces this right under Colorado Revised Statutes § 18-1-405. This statute sets a specific timeline for when a trial must occur. If the trial isn’t brought within six months of a plea being entered, a person’s rights have effectively been violated.

Defense Considerations

The right to a speedy trial will have a significant effect on the defense strategy in a case. Clearly, the potential for a dismissal of charges is an ever-present opportunity. If the State fails to adhere to the statutory timelines, a person can have all charges against them dismissed. The severity of the charges — ranging from shoplifting to murder — has no effect on this potential outcome.

However, defense attorneys must also recognize the limits this timeline places on them. They need to balance the need for thorough preparation with the time constraints imposed by the mandate of a speedy trial. This can affect the timing of plea negotiations, discovery requests, and other pre-trial motions.

It’s also worth noting that while the defense can strategically request continuances to better prepare for the case, they must be careful in doing so. These requests must be justified and not excessive, and if the defense is careless with these tactics, it could inadvertently waive the right to a speedy trial. This can greatly hinder both misdemeanor and felony criminal defense.

The Benefits Provided to the Defendant

The right to a speedy trial benefits the defendant in many ways. Not being stuck in limbo indefinitely is certainly one benefit, and having charges dismissed due to a violation of this right is definitely another. However, the advantages of taking advantage of this right go far beyond these basic outcomes.

For one, it can greatly reduce stress and uncertainty for those charged with serious crimes. No one wants the prospect of a criminal conviction or incarceration constantly hanging over their heads, and the right to a speedy trial ensures that this doesn’t happen. This right is even more important for those who are facing pretrial detention. It’s an unfortunate reality, but many people who are sitting in jail are there because they cannot afford to bail out.

This is a tragic outcome, particularly when considering the high number of innocent individuals who are charged with crimes every year. Prolonged detention without a trial can greatly violate a person’s rights and harm their defense due to inherent difficulties with accessing evidence and witnesses. This is why having legal representation is so important.

Judicial Oversight

The right to a speedy trial also affects criminal defense cases in Colorado Springs because it demands a high level of judicial oversight. Yes, a defendant’s attorney should pay close attention to the timeline of their client’s trial — but the judge is the arm of the justice system that’s tasked with ensuring that it’s doing its job.

Courts in Colorado Springs are responsible for ensuring compliance with speedy trial requirements. However, defendants should never make the mistake of believing that the courts will stay on top of this. It’s usually the case that defense attorneys file motions when this right has been violated. At this point, it’s the judge’s duty to render a fair ruling.

Taking Advantage of Your Right to a Speedy Trial

If you’ve been charged with a crime in Colorado Springs, it’s important to understand that your rights are non-negotiable. You’re the only person who can waive these rights, and if the State violates them in any way, it could lead to a dismissal of all charges. The Constitution requires that justice be administered promptly, and defendants cannot be subjected to indefinite delays.

To assert your rights, it’s important to fully understand them. Hiring a criminal defense attorney may help in this endeavor. A legal professional can review your case, help build a solid defense, and identify whether any of your rights have been violated. The right to a speedy trial can greatly affect criminal defense in Colorado Springs, and a lawyer can help you understand how.

At Lux Law Firm, our team of dedicated legal professionals is here to assist. Contact us at 719-451-7469 for a free case evaluation.