Your Constitutional Right to a Speedy Trial
The Sixth Amendment to the US Constitution reads as follows:
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.”
In Strunk v. United States, 412 U.S. 434 (1973), the Supreme Court ruled that if the reviewing court finds that a defendant’s right to a speedy trial was violated, then the indictment must be dismissed and/or the conviction overturned. The Court found that, since the delayed trial itself is the state action which violates the defendant’s rights, no other remedy would be appropriate. Thus, a reversal or dismissal of a criminal case on speedy trial grounds means that no further prosecution for the alleged offense can take place.
Despite the Constitutional guarantee to a speedy trial, virtually every defendant waives their right to a speedy trial, since that in what their attorneys always tell them to do. But why should you waive this valuable right, if you believe you are innocent?
In California’s Mendocino County, there has only been one case in the past ten years of a pot grower who was convicted by a jury. Recently, attorney Edie Lerman hung a jury on a 400 pound medical marijuana case in Mendocino. The DA has publicly admitted she can’t get convictions against growers because of jury nullification. Former DA Keith Faulder has even stated privately that no prosecutor in Mendocino could get a case ready in 60 days and certainly the court could not put on a jury trial in that period of time. Nevertheless, virtually every grower who is arrested in Mendocino plea bargains. As a result, Mendocino has one of the highest arrest and conviction rates in the state.
So if you insist on a speedy trial, how much time do you have to wait until your case can be dismissed for violating your rights? Different states have different interpretations of what length of time constitutes a speedy trial. Here in California, the courts have established the following time limits to meet the state and federal constitutional requirements for a speedy trial:
* Arraignment — After an accused is arrested, he must be brought to court for arraignment, without any unnecessary delay, within two court days of his arrest.
* PreLiminary Hearing — A preliminary hearing must be held within 10 court days of the arraignment unless the defendant waives that right. If the preliminary hearing is not held within the 10 days required by law, the case must be dismissed.
* Trial — The general rule is that a defendant must be brought to trial within 60 calendar days of his arraignment, on felony cases. In a misdemeanor case, the defendant must be brought to trial if he is in custody, within 30 days and if out of custody within 45 days. Dismissal is required only if a defendant is not brought to trial within statutory time limits without good cause. Good cause may be determined on many different reasons.
When there is a violation of the 60 day rule, the defendant is entitled to a dismissal unless there is good cause shown for the delay by the prosecution. The defendant must not waive his rights to a speedy trial and must object to a continuance by the prosecution and then move to dismiss if the delays are violating the constitutional rights.
If just a few people would simply exercise their Constitutional right to a speedy trial, the war on drugs would come to a screeching halt. Instead they foolishly waive their rights and accept convictions and fines as common criminals.