In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial…

The Supreme Court has held that this right to a Speedy Trial applies not just in the federal courts, but in state courts as well.

The problem is that while there is a federal Speedy Trial Act that applies to federal courts, North Carolina does not have its own speedy trial law.

As a consequence, the procedural rights that a defendant has in North Carolina’s state courts to a speedy trial are constitutional rights, not statutory rights.

And because the Supreme Court has consistently refused to impose strict limitations on either the federal or state governments to have a speedy trial, defendants can await trial for years in North Carolina’s state courts.

Part of the reason is that some delays may be for the benefit of the defense. For instance, the defendant may request continuances or delays so that the defendant (or, more likely, his criminal lawyer) has time to prepare for trial. In complicated cases, where experts need to evaluate evidence or interview the defendant for psychological examinations, the delays may be inevitable.

The Supreme Court, in Barker v. Wingo (1972), laid out a four-part test for determining whether the defendant’s Constitutional rights to a speedy trial had been violated.

1. Length of Delay: A delay of a year or more from the date on which the speedy trial right “attaches” (the date of arrest or indictmentAn indictment is a finding by a grand jury that there is probable cause to believe the defendant committed a crime. An indictment is not a finding of guilt. An indictment, rather, is a method by which a prosecutor moves a case into Superior Court for resolution by plea or trial by jury., whichever first occurs) was termed “presumptively prejudicial”, but the Court has never explicitly ruled that any absolute time limit applies.
2. Reason for the delay: The prosecution may not excessively delay the trial for its own advantage, but a trial may be delayed to secure the presence of an absent witness or other practical considerations.
3. Time and manner in which the defendant has asserted his right: If a defendant agrees to the delay when it works to his own benefit, he cannot later claim that he has been unduly delayed.
4. Degree of prejudice to the defendant which the delay has caused.

An additional problem in Wake County is when the defendant is held in custodyCustody is a general term used describe a condition where an individual does not feel free to leave, as the result of a show of police authority. A person in custody must be read his Miranda rights before being questioned by police. Custody includes arrest, but may be broader than arrest. during the entire pre-trial period. If no bail can be arranged that the defendant can make, the defendant may find himself or herself waiting in Wake County’s jails for trial. The mental and physical toll that can take can be unpleasant.

In the end, if the defendant has been in jail long enough waiting trial, he may find himself much more willing to take a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. that is actually not a very good pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal, just to get out of jail. If the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal involves state prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. time, he may prefer to go to state prisonA prison is a facility, operated by the Department of CorrectionsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length. in North Carolina or the Bureau of PrisonsA prison is a facility, operated by the Department of Corrections in North Carolina or the Bureau of Prisons in the federal system, where an offender is sent to serve an active prison sentence of some length. in the federal system, where an offender is sent to serve an active prison sentence of some length., where, I’m told, the food is better and the privileges to go outside are more likely. If the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. deal amounts to “time served,” he may get out of jail after accepting the pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. merely with the convictionA conviction is a formal finding by a court - either following a trial by a judge or jury or following the entry of a pleaA plea agreementA plea agreement is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. is usually a negotiated agreement between the defendant (through his lawyer) and the prosecution where the defendant agrees to plead guilty in exchange for some benefit, including, but not limited to, a reduced sentence or a reduction of charges. An Alford Plea is a guilty plea with all of the benefits and consequences of a guilty plea, but where the defendant does not admit personal guilt. - of guilt. in his record.

The result of all this is that the lack of a speedy trial statute in North Carolina makes it much more important to get an attorney involved in your case as early as possible so that you can, if at all possible, get bail conditions set that enable you to spend the pre-trial period at home, working, with your family, and being productive.

If you or a friend or loved one is facing arrest or is in jail, and you don’t have a Raleigh criminal lawyer, call (919) 352-9411 and I can talk to you about strategies that might enable a pre-trial releasePre-trial release is a program where people with limited or no criminal records may be released from jail pending resolution of their case. PTR usually requires regular check-ins with a case worker. or favorable bond conditions.