Right to a Speedy Trial? Everyone knows that they have a right to a speedy trial, but what does “speedy trial” actually mean? According to Rule 36 of the Massachusetts Rules of Criminal Procedure, all defendants are guaranteed a trial within twelve months of the return day in the court in which the case is awaiting trial. In laymen terms, once you are arraigned, or brought before the court for the first time, you are entitled to a trial date within a year. A trial date means that the case is brought to trial and not simply scheduled for that particular purpose. If the Commonwealth is unable to abide by this mandate, the case must be dismissed.

As with everything else in life, there are exceptions. Specifically, there is something called “excludable time.” Excludable time is the time that transpires which is not attributable to the prosecution and thus does not mandate a dismissal on speedy trial grounds. This delay can include time that the defendant benefits from, requests or simply agrees to waive. These delays can stem from proceedings in other courts, claims of incompetence, unavailability of an essential witness, strategic acquiescence to new dates and several other recognized exemptions. This speedy trial rule, despite the myriad of exceptions and excludable time, can provide relief for a defendant whose case has simply been languishing in the hands of the Commonwealth.

Further, and more importantly, is the ability of the Court to dismiss cases that despite its computed inclusion within the time standard prescribed by Rule 36, it still violate the defendant’s constitutional rights. These cases are evaluated not on speedy trial grounds, but on four other criteria – length of delay, reason for the delay, defendant’s assertion of the right and the prejudice to the defendant. The defendant must show that the delay is unreasonable and that the prosecution is responsible for that delay. Further, the defendant must also make a strong showing that he/she was significantly prejudiced by the delay.

If you have any questions regarding speedy trial interests or other criminal defense related issues, contact Criminal Attorney Kristen F. Bonavita at 978-376-6746 for a free consultation.