The Right to a Speedy Trial
The right to a speedy trial is guaranteed to Tennesseans by both the United States and State Constitutions and by statute in Tennessee. This safeguard is put in place to ensure that defendants do not have to fight criminal prosecution for an unreasonable amount of time and that the trial does not drag out so long that the evidence becomes stale. This right has been interpreted by Tennessee courts to mean that no part of a trial, from the initiation of criminal proceedings all the way through the sentencing phase, should drag out so long that the defendant is negatively impacted by the delay. In cases where an unreasonable delay has caused harm to a criminal defendant, he or she may be able to have the charges dismissed, thereby putting an end to the prosecution.
In a case called Barker v. Wingo, the United States Supreme Court devised a balancing test to determine whether a defendant received a speedy trial and identified the following factors as being relevant to the determination: (1) the length of delay; (2) the reason for the delay; (3) the defendant’s assertion of his right to a speedy trial; and (4) the prejudice to the defendant. The most important factor considered in this test has historically been prejudice to the Defendant. Many Tennesseans have moved for dismissal of the charges based on deprivation of the right to a speedy trial and have been able to prove that an unreasonable or exceedingly lengthy delay did occur only to lose on their dismissal motion because they are unable to show that their case was prejudiced by the delay. In layman’s terms, this would be a “no harm, no foul” type situation where courts refuse to interfere with a criminal ruling that was arrived at fairly and without prejudice to the Defendant.
Whether a trial has been prejudiced by delay is a question that will be decided by a judge based on the factors cited above. To find out how your case may have been harmed by delay tactics on the part of the prosecution contact an experienced criminal defense attorney today to discuss your case.
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