The Right to a Speedy Trial
By Jedidiah McKeehan
A “speedy trial” is one of those lawyer terms you have probably heard on TV or in a movie without even realizing it. It seems on TV, someone is charged with murder and the trial is happening within just a few days. In reality, it does not happen like that. Criminal trials are months, if not years, after the arrest occurs.
However, the right to a speedy trial is a real thing. Tennessee Code Annotated section 40-14-101 states, “In all criminal prosecutions, the accused is entitled to a speedy trial and to be heard in person and by counsel.”
What constitutes a speedy trial though? Does that mean you get in a trial in two months, in a year? When considering whether a defendant has been denied their right to a speedy trial (according to Tennessee Code), the things to consider are “the length of the delay, the reason for the delay, the defendant asserting their right to a speedy trial, and the prejudice to the defendant.”
Of these factors, the prejudice to the defendant is the most important. This basically means, did the delay of the trial actually hurt the defendant in any way. The easiest way to prove prejudice would be if the defendant was sitting in jail the entire time while awaiting trial.
The cases that discuss this also state that for the delay to become concerning, the length of time between the defendant being arrested and the trial occurring must approach one year before the delay becomes concerning.
Finally, the defendant must not be a cause for the delay of the trial. For example, by agreeing that the trial date be continued to a further date down the road.
Practically, that means that a defendant must first assert their right to a speedy trial, the trial must be delayed a year from the date of arrest, the defendant was not at fault for the trial being delayed, and the delay of the trial hurt the defendant in some way.
Arguing that you have been denied the right to a speedy trial is a very difficult task and it is very rare to see one succeed because the outcome would be that the charges are dismissed because the defendant has been denied their right to a speedy trial.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
