Constitutional Right to a Speedy Trial

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In many cases, the lapse of time on a criminal is a helpful tool for defense attorneys. Throughout the time it takes from the initial arrest to the case’s disposition, things can happen such as a witness moving out of state and being unable to testify, etc. However, if the particular right to a speedy trial has been violated, there is recourse.

A Constitutional Speedy Motion for Trial in Georgia refers to a motion filed by a defendant in a criminal case requesting that the court ensure they receive a trial within a reasonable time, as guaranteed by the Sixth Amendment of the U.S. Constitution and by the Georgia State Constitution.

  1. Constitutional Right to a Speedy Trial:
    • Under the Sixth Amendment to the U.S. Constitution, anyone charged with a crime has the right to a speedy and public trial.
    • The Georgia State Constitution also provides a similar right to a speedy trial.
  2. Purpose of the Motion:
    • A motion for a speedy trial is filed by the defense when they believe that the trial has been unduly delayed, or the prosecution has not moved forward with their case in a timely manner.
    • The defense requests that the court take action to ensure the trial happens promptly, adhering to both state and federal constitutional protections.
  3. Factors Considered:
    • The court will consider several factors to determine whether the right to a speedy trial has been violated, such as:
      • The length of the delay.
      • The reason for the delay (whether it’s due to the prosecution or defense).
      • Whether the defendant has timely asserted their right to a speedy trial.
      • Whether the defendant was prejudiced by the delay (e.g., due to lost evidence, witness unavailability, etc.).
  4. Consequences of Violation:
    • If the court finds that the defendant’s right to a speedy trial has been violated, they may dismiss the case in its entirety.

In short, a Constitutional Speedy Motion for Trial in Georgia is a formal request by the defense to ensure their right to a trial within a reasonable time, protecting them from undue delay in the legal process.