What Is The Right To A Speedy Trial?

As we noted yesterday, the Sixth Amendment to the United States Constitution guarantees a defendant's right to a speedy trial. In addition to this protection, Article I, Section 10 of the Texas Constitution guarantees the accused in all criminal prosecutions the right to a speedy and public trial. The Supreme Court of the United States has stated that, "On its face, the Speedy Trial Clause is written with such breadth that, taken literally, it would forbid the government to delay the trial of an 'accused' for any reason at all."

This very literal analysis of the Speedy Trial Clause has been tempered by the Supreme Court precedence. There are four factors that come into whether a person's right to a speedy trial has been violated by the prosecution. These factors are

(1) whether the delay before trial was uncommonly long;

(2) whether the government or the criminal defendant is more to blame for that delay;

(3) whether the defendant asserted his right to a speedy trial;

(4) whether the defendant suffered prejudice as a result of the delay.

We will continue to evaluate this provision as we progress through our analysis of the Sixth Amendment. If you have been charged with an internet crime, contact a Plano criminal defense attorney today.