The constitutions of the United States and California give you the right to a speedy trial if you are arrested for a crime – but what does that really mean? Keep reading to find out how this could affect a criminal charge you might face and then contact Law Office of Michael L. Fell at (949) 585-9055 if you need a free legal consultation with an experienced criminal defense attorney.

Learn the Specifics About Your Rights

According to the Sixth Amendment to the United States Constitution, and Article I Section 15 of the California Constitution, you have a right to a speedy trial in a criminal case. If you are not afforded a speedy trial, you might have the option of filing a Serna motion. This is also known as a speedy trial motion and involves asking a judge to dismiss the charges.

It Seems Simple but There is One Main Issue

While the above rules make it seem simple enough, there is one issue that complicates things: There is no hard and fast rule about what a “speedy” trial means. When it comes to a misdemeanor, one year from the date the complaint is filed or you are arrested is an important milestone. After this level of delay, a judge who is analyzing a case re: the U.S. Constitution will presume that you have been harmed by the delay. That is, unless the prosecution has a good excuse for why there has been a delay.

When it comes to felony cases, it is more complicated. In those cases, the Serna motion analysis can be much more complex. There is not a clear deadline by which the government must bring a person to trial after they are charged or arrested. The judge will consider how long the delay is, as well as any harm the defendant has suffered due to the delay. They will also consider the justifications the prosecution makes for the delay. After considering all of the information, they will determine the best way to move forward.

The Right Attorney Can Help Protect Your Rights from Day One

The fact that people can wait years just to get to trial is just one of the many reasons that it is essential to work with a qualified attorney if you are charged with a crime. In some cases, it might be to your advantage to have more time before trial. However, if a person is in jail awaiting trial, there is no reason they should spend years in jail before they are ever convicted of anything.

If you are facing a trial, or a loved one has been arrested, then finding the right attorney is the key to moving forward. You can reach out to Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation.