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Under the Sixth Amendment to the United States Constitution, individuals accused of crimes are guaranteed the right to a speedy trial. This protection is echoed in Article 1, Section 12 of the Indiana Constitution, which ensures that justice is administered promptly and without delay. Despite these guarantees, delays in criminal proceedings can occur, and understanding what constitutes a denial of a speedy trial in Indiana is crucial for defendants so they can ensure their rights are being protected. This blog will explore different elements to the right to a speedy trial and the possibility of charges being dropped against the defendant if this is not properly facilitated. 

The right to a speedy trial is intended to protect defendants from prolonged pretrial detention, minimize anxiety and public scrutiny, and ensure that evidence and witness testimony remain fresh and reliable. In Indiana, as in other states, this right applies from the time a person is formally charged or arrested until their trial concludes. 

Indiana’s Rules for a Speedy Trial

Indiana Criminal Rule 4 establishes specific guidelines to ensure a defendant’s right to a speedy trial is protected:

• Criminal Rule 4(A): If a defendant is held in jail and is not released on bail, they must be brought to trial within six months from the date of their arrest or detention unless they request or agree to a delay.
• Criminal Rule 4(B): If a defendant requests a speedy trial in writing, the court must set the trial date within 70 calendar days from the request.
• Criminal Rule 4(C): For defendants who are released on bail, the trial must commence within one year of the date charges are filed, barring delays caused by the defendant or unforeseeable circumstances.

While these timelines are clear, there are circumstances in which delays may be deemed reasonable or justified, such as:

1. Delays Caused by the Defendant: If the defendant requests a continuance, changes legal representation, or engages in pretrial motions that necessitate more time, this time is excluded from the calculation of the speedy trial period. Sometimes, continuances are more helpful in your case to allow an experienced attorney to have time to familiarize themselves with your case, rather than rushing it to trial, so that you may have your best shot at success. 
2. Congested Court Calendars: Courts may grant extensions if their docket is full, provided they document the reasons for the delay. This is very common in smaller counties that do not have the resources for multiple judges and staff to facilitate their docket.
3. Extraordinary Circumstances: Natural disasters, pandemics, or other emergencies may justify delays beyond the established timeframes. The COVID-19 pandemic unfortunately delayed many cases, some of those matters have still not been heard today. 
4. Prosecutorial Delay: If the prosecution requests a continuance for valid reasons, such as the unavailability of a key witness, the court may grant additional time so that the prosecution can properly make their case. 

What Constitutes a Denial of a Speedy Trial?

A denial of a speedy trial occurs when a defendant’s trial is delayed beyond the time limits set forth in Indiana Criminal Rule 4 without a valid legal justification. Factors courts consider when determining if a violation occurred include:

• The length of the delay and whether it exceeds the statutory limits.
• The reason for the delay and whether it was caused by the prosecution, the defense, or unavoidable circumstances.
• The defendant’s assertion of the right to a speedy trial. Failing to assert this right in a timely manner may weaken claims of denial.
• The prejudice to the defendant caused by the delay, such as prolonged incarceration, loss of evidence, or diminished witness availability.

If a court finds that a defendant’s right to a speedy trial has been violated, the most common remedy is the dismissal of charges with prejudice. This means the charges cannot be refiled, and the defendant is effectively cleared of the alleged crime.

What does the dismissal of charges entail? 

1. Dismissal with Prejudice: A dismissal with prejudice permanently bars the prosecution from refiling the same charges against the defendant. This remedy is considered severe because it entirely ends the case and absolves the defendant of legal accountability for the alleged offense. Courts are cautious about granting this remedy and usually do so only when the violation of the right to a speedy trial is egregious and unjustified.
2. Factors Leading to Dismissal with Prejudice: Dismissal with prejudice typically occurs when delays are caused by the prosecution’s negligence, intentional misconduct, or a systemic failure to adhere to Criminal Rule 4. For example, if the prosecution repeatedly fails to secure witnesses or prepare for trial without valid reasons, the court may determine that the delay constitutes a violation of the defendant’s rights.
3. Impact on the Defendant: For defendants, dismissal with prejudice is a significant relief, as it removes the uncertainty of ongoing criminal charges and eliminates the possibility of future prosecution for the same alleged crime. This remedy also underscores the importance of the right to a speedy trial as a fundamental constitutional protection.
4. Dismissal Without Prejudice: In rare cases, courts may dismiss charges without prejudice if the delay does not amount to a clear violation of the defendant’s speedy trial rights. In such instances, the prosecution may refile charges, but they must still address the reasons for the initial delay.

In conclusion, defendants should assert their right early in the case. This includes filing a written request for a speedy trial if you wish to expedite the process. However, it is important to note that rushing your case may not always have a positive outcome. As they say, “good things take time.” With your attorney, keep a record of all court appearances, continuances and communications. 

The right to a speedy trial is a cornerstone of Indiana’s criminal justice system, designed to protect defendants from unnecessary delays and ensure fair proceedings. If you believe your right to a speedy trial has been denied, consult an experienced criminal defense attorney to evaluate your case and determine the best course of action. Understanding the possibility of dismissal of charges can provide clarity and reinforce the importance of this fundamental right.

You should ensure you have retained expert legal counsel that actively monitors timelines and takes appropriate and proactive action to protect your rights. The experienced attorneys at Ciyou & Associates, P.C. have been practicing criminal law in Indiana for almost thirty (30) years and believe you should have the best representation possible. Perhaps we are the right fit for you. 

This blog is not legal advice. It is an advertisement.