Most criminal cases don’t go to trial. They’re typically settled with a plea deal that lets someone plead guilty to a lesser offense than the one with which they were charged or in exchange for minimal or no jail time. If someone is innocent of the charge, however, the only way to clear their name may be to go to trial and be found “not guilty.”
How soon does someone get to do that? You’ve likely heard about the constitutional right to a “speedy trial.” That’s covered in the Sixth Amendment. What exactly does that mean? It varies somewhat from state to state.
State vs federal law
Mississippi law says, “Within sixty (60) days after arraignment (or waiver thereof), the court shall enter an order setting a date for trial. Trial shall be set for no later than two-hundred-and-seventy (270) days after arraignment (or waiver thereof)….Cases set by the judge for trial must be ready at the appointed time.”
That law applies to state court cases. Federal courts are governed by the Speedy Trial Act, which typically allows 70 days after the indictment for the trial to begin.
Waiving the right to a speedy trial
It’s not always in a defendant’s best interests to go to trial within the required time frame for a speedy trial. That’s why they have the option of waiving that right. If the case is complicated and it’s going to take some time to get the evidence needed for a strong defense, it’s generally better to take that time.
Can prosecutors override the right to a speedy trial?
The prosecution can seek a delay in the commencement of the trial. However, they have to show the court that they have “good cause” for doing so. This can include things like having unexpected new evidence or a new witness come to light and pretrial actions from the defense they have to respond to.
By having strong, experienced legal guidance, you can help ensure that you make the right decision about whether or not to take your case to trial and when it may be in your best interests to waive your right to a speedy trial. You also help protect yourself from wrongful delays. In short, you ensure that you’re not trying to deal with the complexities of the justice system on your own.
