Criminal Law In Bergen and Passaic Counties: The Right to a Speedy Trial (Part 1)

The right to a speedy trial is guaranteed by the Sixth  Amendment to the United States Constitution.  It is so fundamental in its concepts that it is applicable to the States.  The protections afforded by this component of the Sixth Amendment are triggered upon either arrest or indictment.

The following factors must be balanced in analyzing a defendants speedy trial claim: (1) the length of delay; (2) the reason for the delay; (3) the defendant’s assertion of his right; and, (4) the  prejudice to the defendant.  It is critical to know that none of these factors is regarded as “either necessary or sufficient condition”  to the finding that a defendant’s right to a speedy trial has been violated.