TUCSON CRIMINAL DEFENSE LAWYER What is a Speedy Trial? In criminal law, the right to a speedy trial is a human right under which it is asserted that the government (prosecutor) may not delay the trial of a criminal suspect arbitrarily and indefinitely. This does not refer to the pace or length of time a trial takes once it commences, but rather by when an accused person has a right for trial to begin. Otherwise, the power to impose such delays would effectively allow prosecutors to send anyone to jail for an arbitrary length of time without trial. Although it is important for the protection of speedy trial rights for there to be a court in which a defendant may complain about the unreasonable delay of the trial, it is also important that governments implement structures that avoid the delay. Which law in Arizona Governs the Speedy Trial? The Sixth Amendment to the United States Constitution guarantees that people who are subject to a criminal prosecution have the right to a "speedy" trial before an impartial jury of their peers. The right to a speedy trial is also included within Article II Section 24 of the Arizona State Constitution. What is Article II Section 24 of the Arizona State Constitution? Rights of accused in criminal prosecutions Section 24. In criminal prosecutions, the accused shall have the right to appear and defend in person, and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed. Arizona Criminal Case Time Limits Under Arizona Rules of Criminal Procedure, the time line can be broken down into four different types. If a trial is to commence, it must begin within the following time lines below: Defendants in Custody: 150 days from arraignment Defendants Released From Custody: 180 days from arraignment Complex Cases: 270 days from arraignment Capital Cases: 18 months from arraignment Note that these time limits may be (and very typically are) waived and the deadlines are extended. This is typically to allow for the defense to investigate and prepare its case. If a delay does not benefit the defendant, time should not be waived, especially for an in custody defendant. Federal Speedy Trial Rights The above discussion of Arizona's speedy trial rights applies to cases prosecuted in state court in Arizona. Arizona also is home to one of the most active United States District Courts in the country, which enforces Federal law in the state of Arizona. With Tucson's proximity to the US-Mexico border, as well as Interstate 10 passing through, there is a large presence of Federal law enforcement. Federal cases are governed by Federal law, which is the same across the United States, and includes its own speedy trial provisions, pursuant to 18 U.S.C. 3161. The Speedy Trial Act of 1974
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November 2024
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