8.11.1 When the Right Applies

LibraryCriminal 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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