What is a Speedy Trial Right in a Felony Case?

If you are arrested for any type of felony offense in Colorado, it is crucial to know your rights under the US Constitution, as well as under Colorado law. If any of your rights are violated, you may have the foundation of a strong defense, or you may be able to take other steps to seek a remedy. One right that is important to know about when you have been arrested for any type of felony is the right to a speedy trial under the Sixth Amendment of the US Constitution.

What is a right to a speedy trial, and how can it apply to your felony case? Our Denver felony defense lawyers can explain in more detail, and we can begin working with you today on a defense strategy to beat the charges you are facing.

Language of the Sixth Amendment

The Sixth Amendment can have different effects on a felony case, including that it provides your right to a speedy trial. The language specifically states:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his Defense.”

All of the rights conferred by the Sixth Amendment include:

• Right to a speedy and public trial;
• Right to an attorney;
• Right to an impartial jury;
• Right to know who your accusers are (i.e., witnesses against you) and to be able to confront them (i.e., cross-examine them in your trial); and
• Right to know the nature of the charges and evidence the prosecution has against you.

All of these rights can be crucial in a felony case for a defendant. Below, we are going to focus on your right to a speedy and public trial.

What is the Right to a Speedy and Public Trial?

Under the US Constitution, you are protected against “undue delay” in being tried, publicly, for the felony charges you are facing. The speedy trial clause in the Sixth Amendment expressly refers to the time period between your arrest or when charges against you are brought and a conviction (which can include a plea).

There is a specific balancing test that was created in the US Supreme Court case Barker v. Wingo (1972), which determines whether unreasonable delay has occurred in your case. If your right to a speedy trial under the Sixth Amendment has been violated, the charges against you typically must be dismissed with prejudice, meaning charges cannot be brought against you again for that offense.

In Colorado, that period is six months. The period begins upon entry of a not guilty plea. It is important to understand when you are able to enter a not guilty plea and the potential risks involved, as many district attorneys will seize negotiations if a not guilty plea is entered.

Contact Our Denver Felony Defense Attorneys for Help with Any Legal Issues Concerning Your Case and Your Constitutional Rights

If you have been arrested for a felony offense in the Denver area, whether you have been charged or are awaiting charges, you should seek assistance from an experienced Denver felony defense lawyer at DeChant Law as soon as possible. Felony charges will have serious and life-altering consequences if you are convicted, including a likely prison sentence as well as longer-lasting repercussions even after you have completed the terms of your sentence. When you are facing felony charges, as well as many misdemeanor charges, it is important to know that you have certain constitutional rights that can impact the outcome of your case. If you have questions about your Sixth Amendment or other rights, our firm can help. Contact us today to begin working on your felony defense.

Sources:

constitution.congress.gov/browse/essay/amdt6-2-1/ALDE_00012979/

supreme.justia.com/cases/federal/us/407/514/