If you were charged with a crime, one of your big concerns is probably to get the criminal charges resolved as soon as possible. Fortunately, you have a right under the Sixth Amendment to the U.S. Constitution and South Dakota state law to a speedy trial. What does this mean? Under South Dakota law, any person charged with any crime has a right to a trial within 180 days of being indicted. Under the U.S. Constitution, there is a much less definite definition of what constitutes a speedy trial.
Your right to a speedy trial is an important one. Some of the reasons for this right include protecting you against facing a lengthy, unjustified imprisonment, minimizing your anxiety while you wait for your trial, and protecting your right to preserve evidence that could go missing if your trial is delayed. Because there is no fixed rule on what constitutes too long to wait for your trial, the judge decides whether a trial is speedy on a case-by-case basis using these factors:
Under the Sixth Amendment, the time period to determine whether a trial is speedy begins when you are arrested or charges are filed against you, whichever comes first. If your right to a speedy trial was violated, the judge could take the following actions:
If you were charged with a crime and suspect your right to a speedy trial was violated, you need an experienced criminal defense attorney who understands constitutional law to help you raise this defense. We urge you to start an online chat today to schedule a free, no-obligation consultation to learn what you can expect in your criminal proceedings and how we can assist you.