The U.S. Constitution’s Sixth Amendment provides for the right to a speedy trail. Though there is no timeline specified in the Constitution, in California the right to a speedy trial means that if a defendant is charged with a felony, the government has to take said defendant to trail within 60 days of their arraignment.

There are exceptions to this rule and if the prosecution can show they have “good cause” then it can be waived. The defense can also choose to waive their right to a speedy trial. Read on to learn what this all really means for your case and then call (949) 585-9055 to speak with an experienced attorney at Law Office of Michael L. Fell.

There are good reasons for this amendment

There are very important reasons that this amendment exists. First and foremost, it prevents the government from holding a person for years at a time without securing a conviction. Second, it ensures that those who are waiting for their verdict to discover their future do not have to wait in limbo. Finally, it ensures that your criminal defense attorney is able to defend you without the evidence being compromised over time.

Factors considered if a defendant claims a violation of this amendment

In the event that your trial takes longer than you think it should, then you may have the right to appeal to the Federal Courts. When court looks at any claim of violation, they are doing what they refer to as a “balancing test.” They will consider how long the delay was, whether the delay compromised the ability of the defendant to defend themselves, the reason for the delay, and whether or not the defend asserted their right to a speedy trial.

What happens if the courts establish that your sixth amendment rights were violated?

If the court agrees that your right to a speedy trial was violated then they must set your conviction aside, vacate your sentence, and dismiss the charges against you. In the event that the case has not yet gone to trial, in most cases the court will dismiss the charges. If you have already been convicted and are serving time, the court would have to release you. If you have already served your time then a total exoneration may be in order.

There are other ways to clean up your criminal record

If you have criminal record and believe that you should no longer have it, then you may have options for expungement. Whether or not you will be eligible will depend largely on the crime you were convicted of and your behavior since. A person who was convicted of a low-level misdemeanor, compiled with the terms of their conviction, and had a clean record for three years is much more likely to get their expungement approved than a person convicted of repeat felonies.

If you feel that your constitutional rights have not been respected or are currently not being respected then we suggest you contact Law Office of Michael L. Fell at (949) 585-9055 right away for your free legal consultation.