8.11.1 When the Right Applies
| Library | Criminal Procedure in Practice (ABA) (2018 Ed.) |
8.11.1 When the Right Applies
The Sixth Amendment right to a speedy trial attaches only after a person has become an "accused." A person is not accused until after an indictment or information has been filed or, in some cases, after the restraint imposed by arrest.119 Once arrested, a person is entitled to a speedy trial, even if she is released thereafter and not indicted for a substantial period of time.120
However, a delay between the dismissal of charges and reindict-ment for the same offense does not...
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- 8.11 Right to a Speedy Trial
- 8.11.1 When the Right Applies
- 8.11.2 Constitutional Standard
- 8.11.3 Length of Delay
- 8.11.4 Reason for Delay
- 8.11.5 Prejudice to the Defendant
- 8.11.6 Defendant's Assertion or Nonassertion of the Right
- 8.11.7 Application of Constitutional Standard
- 8.11.8 Statutory Mandates
- 8.11.9 Preaccusation Delay
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