fbpx
Future First Criminal Law

Top-Rated Arizona Defense Lawyers Dedicated to DUI & Criminal Law

Top-Rated Arizona Defense Lawyers Dedicated to DUI and Criminal Law

Your Right to a Speedy Trial

  • Top-Rated Arizona Lawyers Successfully Defending Clients throughout the Phoenix Metro Area - Maricopa County
  • With an extensive understanding of Maricopa County Courts, our dedicated DUI & Criminal Law Services are specifically tailored for our Phoenix Metro Area Clients
  • Avondale, Buckeye, Chandler, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise, Tempe
  • 20+ Years of Criminal Defense Experience
  • 3,500+ Arizona Charges Resolved
  • Custom Video Updates From Your Lawyer
  • Group Text With Legal Team 24/7
  • Free Phone Consultations
  • Reasonable Flat Fee Pricing
  • Payment Plans & Loans Available
  • Your Future is Our Priority

We Help Keep Good People Out Of Jail!

State Cities

Request a PDF!

Kindly provide us with your information, and we will promptly send you a PDF copy of “Your Right to a Speedy Trial” from Future First Criminal Law.

Your Right to a Speedy Trial

 

If you or someone you care about is facing criminal charges and awaiting trial, you might be concerned about the timeline of the legal process. While there isn’t a definitive, universal answer to how long you’ll have to wait, there are legal principles in place to offer guidance. One of the most important of these principles is your constitutional right to a speedy trial.

1. WHAT IS THE SOURCE OF THE RIGHT TO A SPEEDY TRIAL?

The right to a speedy trial is enshrined in the 6th Amendment to the United States Constitution, which states, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial.” Additionally, the 14th Amendment extends this protection to criminal prosecutions in state courts. Many state constitutions also include provisions guaranteeing a speedy trial.

 

2. WHAT EXACTLY DOES “SPEEDY” MEAN?

The 6th Amendment does not provide a specific definition of “speedy” or establish a precise timeframe for criminal trials. In response to this ambiguity, legislatures have enacted laws, such as the Speedy Trial Act of 1974, to provide clarity on how courts should interpret the constitutional principle. Under the Speedy Trial Act, the government has 70 days to bring a defendant to trial in federal court. In state court prosecutions, the timeframe typically ranges from 60 to 180 days, depending on the specific state statute governing speedy trials. 

 

3. WHEN DOES THE CLOCK START TICKING ON THE SPEEDY TRIAL PERIOD?

In federal court and in many jurisdictions, the countdown for the speedy trial requirement begins when the prosecution officially files formal charges, such as an information or indictment. This means that the clock starts ticking from the time charges are formally brought against the defendant, rather than from the moment of arrest.

4. WHAT IS THE PURPOSE OF THE RIGHT TO A SPEEDY TRIAL?

The right to a speedy trial serves two critical and related purposes: (1) it helps to prevent overreaching and abuse by the government; and (2) it helps to ensure you get a fair trial.

The Founding Fathers recognized the potential for abuse of the vast power of the federal government. The right to a speedy trial prevents prosecutors from charging first and looking for evidence later. This protection, embedded in the Constitution, restricts the government’s ability to subject a person to indefinite pre-trial detention, unreasonable bond requirements, and other limits on personal freedom. It limits the amount of time that a person has to live with the social, economic, and other consequences of being formally accused of a crime.

In addition, the right to a speedy trial recognizes that time is a critical factor when it comes to defending against criminal charges. Without the right to a speedy trial, prosecutors could potentially drag things out until key defense witnesses died, moved away, or could no longer be found. Moreover, even if witnesses are readily available, the passage of time allows for memories to fade and witnesses to be influenced by outside factors; physical evidence, likewise, can degrade, deteriorate or disappear.

 

5. WHY MIGHT A TRIAL BE DELAYED?

A trial may be delayed for any number of reasons, but scheduling conflicts are a common, almost routine, cause of delay. Courts often reset trials (and pretrial hearings) due to overcrowded dockets.

The reality is that the vast majority of criminal cases are resolved by means of a plea bargain. Consequently, courts (and some attorneys) frequently schedule several trials for the same day, with the understanding that most cases will never make it that far. When two trials that are ready to go are set on the same day, or an attorney is unavailable because of a reasonable scheduling conflict, something has to give. In these sorts of situations, the court often will “toll” (i.e., temporarily suspend) the speedy trial period and set one of the cases out for a later date. Tolling extends the speedy trial period to accommodate brief, reasonable, and essentially unavoidable delays. Here’s an example:

Bob lives in a state where the prosecution has 180 days to bring him to trial. The prosecution filed formal charges on January 1st. A court set Bob’s trial for June 30th. The court has two trials set that day. The court can toll the speedy trial clock and reset Bob’s trial date for, say, July 15th, even though that date is outside the speedy trial period.

 

6. CAN THE PROSECUTOR EXTEND THE TRIAL DATE?

Not without court approval. A prosecutor may request a “continuance” and seek to move the trial date out. This might happen, for example, if the prosecutor is having trouble locating witnesses, or needs more time to complete complex forensic testing, or is trying to accommodate an expert witness. Courts will almost always grant the prosecutor more time, as long as there is sufficient time left in the speedy trial period.

 

7. CAN A DEFENDANT OBJECT TO THE DELAY?

Yes. A defendant can object to any requested delay, whether the proposed new trial date is within or outside of the speedy trial period. A defendant might want to object to a request for a continuance when the prosecution appears unready to proceed to trial. In a jurisdiction where extensions are the norm and the statutory period is relatively brief, prosecutors may come to count on those extensions for time to prepare as a matter of course. Pushing the case to trial quickly may catch the prosecutor off guard, without necessary witnesses or evidence, and/or may result in a more generous plea offer. Courts are free, however, to set a trial date outside of the speedy trial period over a defendant’s objection.

 

8. IS IT EVER ADVISABLE TO WAIVE THE RIGHT TO A SPEEDY TRIAL?

A defendant cannot be forced to give up or “waive” the right to a speedy trial. However, it may be in your (or your loved one’s) best interest to do so if your attorney cannot locate a crucial witness or needs more time to complete a complex investigation or otherwise develop your defense. Let’s look at an example:

Dave has one beer after work and is involved in an accident on his way home. He is charged with vehicular homicide. Dave swears his SUV accelerated on its own, and he was standing on the brakes, trying to get the vehicle to stop, when it jumped the median, hit an oncoming car, and killed the other driver. In a case like this, Dave’s attorney might want to have a technical expert review the evidence, or have an investigator look into accidents around the country to see if similar incidents have occurred involving the type of SUV Dave was driving. This sort of detailed investigative work often takes time to complete. Dave’s attorney might advise him to waive his right to a speedy trial to allow more time to prepare the best possible defense.

Bottom line: You only get one chance to present your defense at trial. As much as reasonably possible, allow your attorney the time needed to develop your strongest case.

 

9. WHAT HAPPENS WHEN A DEFENDANT WAIVES THE RIGHT TO A SPEEDY TRIAL?

When a defendant waives the right to a speedy trial, he or she does not permanently give up this critical constitutional protection. The clock simply resets from the moment of waiver. Another example will help make this clear:

The government has charged Amy with driving under the influence. She lives in a state with a 90-day speedy trial period. Her attorney advises her to waive on May 1st. She agrees and waives her right to a speedy trial in court that same day. The judge will extend the speedy trial period to July 30th.

 

10. HOW LONG IS TOO LONG?

There is no definitive answer to this question. Courts rule on speedy trial violations on a case-by- case basis. The court will consider four factors:

1. The length of the delay;
2. The reason for the delay;
3. Whether the defendant has repeatedly and consistently asserted the right to a speedy trial; and
4. Whether the delay adversely impacted the defendant’s ability to mount an adequate defense.

As part of this analysis, the court also may consider other, related factors, including, e.g.:

1. Whether the defendant had any role in causing the delay;
2. Whether the defendant is in custody awaiting trial or is free on bail; and
3. The seriousness of the charges.

The court will balance all of these factors in reaching its decision. For example, a deliberate attempt by the government to delay the trial will weigh heavily against the prosecution; likewise, if the defendant deliberately tried to delay the trial, this will count heavily against the defendant and may even amount to a waiver (forfeiture) of the speedy trial right. A crowded court docket will weigh against the prosecution, but lightly.

Joshua Black - Attorney

GoogleReview “I have had the pleasure of working with Mr. Divelbiss in the past and know him to be a hard working professional. His attention to detail and care for his clients set him apart from the rest!”

 

Alex

GoogleReview “⭐⭐⭐⭐⭐ 10 Stars first of all I want to say thanks to God for these great lawyers that help me in my DUI case I want to say thank you to Trevor for being 100% professional and their team of lawyers Andrea thank you Megan thank you. On the day of my court date I was really nervous but when I seen my lawyer Zach he was really professional give me good advise. I thought I was going to lose my job but Zach my lawyer help me reduce my jail sentence to less time I just want to say thank you for being so professional Zach great lawyer 100% I recommend him to anyone that needs help with their DUI cases and doesn’t matter what kind of DUI they will help you out a lot I will give them not only 10 Stars but a hundred more thank you future first criminal law I recommend them to anyone thank you.”

 

 

Dean

GoogleReview “Future First Criminal Law exceeded my expectations, on my first court appearance an old charge came up out of no where and the judge wasn’t going to let me leave. Ed got right on his phone and got it all cleared up! It is always best to have a private lawyer especially with criminal charges, the outcome will always be better and I highly recommend future first. Ed made a personal video breaking down my charges, the discovery, and my plea offer step by step. If you are questioning whether or not to get a lawyer, future first is the way to go 100%. You can’t put a price on freedom!! Thanks Ed!!!!

 

 

Taz

GoogleReview “They helped me tremendously, I had some extreme charges for my DUI and assault case, they got me the best deal I could get. 1 day jail time. Based on what I couldve spent. They have a great team, they communicate well with you an guide you thru your entire ordeal. Ed Robinson was my lawyer. I highly recommend them!!

 

 

Jesse

GoogleReview “Future First Criminal Law is an excellent firm. They helped me out with a case I had. They are friendly throughout the whole process. They are professional, thorough, and I would definitely recommend them to anybody who’s in need of their services. They also allowed me to set up payment plans which was greatly appreciated. Working with them took a lot of stress, and weight off the whole situation. I just recently had them help me with my set aside as well. Thank you Future First Criminal Law.”

 

Tyler

GoogleReview “Zach and his team were great! Right away after we spoke to Zach we felt a sense of relief from all of our worries and concerns. Being in a position to find an attorney isn’t always a fun thing to do. Thank you Zach and your entire firm for your constant updates and great communication. You never left us in the dark or wondering when we might have our questions answered. We will certainly refer your firm to anyone we know looking for your services. Thank you, for all your time and efforts for our case.”

 

Adam

GoogleReview “If I could rate Future First Crimal Law higher I would. After making the dumb mistake of getting a DUI they have been there for me every step of the way. There is nothing worse than going at this alone. You want someone in your corner during this stressful time and no one is better than Zach and his team there. They walk you through everything, keeps records of a what you need to do for the courts and sends it to them, and gets you the best case scenario sentence. Without them the consequences would’ve been much worse so very thankful to the team.”

 

Zat

GoogleReview “I am so grateful for the service I was given by all the Team of Future First Criminal Law and particularly Attorney ED Robinson, from the Day one of my appearances until the sentencing he was there encouraging me and the Defense he has taken on my behalf has made me more confident and all my stress and Depression was gone, I’m so thanks full for helping me in this terrible situation. I’ll be suggesting you to everyone in my situation. God Bless Future First Criminal Law; God Bless Attorney ED Robinson.

 

Celeste

GoogleReview “I would just like to express the life changing help and support I received from the legal team at Future First! The endless hours and resources spent by these legal professionals really made a significant impact on my life. I’m so grateful for the help of the legal system and experts whom treated my case like it was their own. I truly know that they can do the same for you! Thanks again to everyone at Future First, words can’t even begin to express my gratitude for getting me the best possible outcome! Happy holidays. I’m happy to be spending mine with friends and family while continuing to be a contributing member of society.

 

Josephine Hallam - Attorney

GoogleReview “Attorney Divelbiss is bright, hard-working, and well-versed in criminal law. His legal writing is superb, and his commitment to his clients is outstanding. He will fight for you and offer you the best defense possible. Additionally, he is a pleasure to work with. I fully endorse this lawyer.”

 

Arnie

GoogleReview “More than a year ago, I found myself in some serious legal trouble facing the possibility of a lengthy prison sentence. My fiancé, Jackie and I decided we needed a good attorney to help us maneuver through this difficult situation. We are not rich people and we were afraid that we would not be able to find a reliable and reputable firm at a price we could afford. We searched the internet and came across Future First Law Firm. When Jackie saw the high rating and many five star reviews she convinced me to give them a call. After a short conversation with Zach, we were both convinced we had found the right firm. It took over a year and several court appearances but Zach and his team stood by my side through it all and helped me get a great plea. It was a nerve-racking process, but Zach was always patient and ready to address any concerns we had. Thanks to Future First, we are excited about our plans for the future. If you find yourself in a legal mess, I highly recommend hiring Zach and his team.

 

Dustin

GoogleReview “This team are absolute rockstars!!! They resolved my legal endeavors in a timely & affordable manner. Not only did they do everything I needed…but they basically took the reins with no inconvenience to myself and were on the ball with every step. I highly recommend their expertise!

 

Ryan Renauro - Criminal Defense Attorney

GoogleReview “I can’t say enough good things about Zachary. I have had the privileged to meet him through professional channels and he has helped me out a ton with the knowledge he possesses, his experience, and his kind heart and willingness to go the extra mile to help.

 

Experienced Top-Rated Phoenix Lawyers Protecting Your Rights

 

Future First Criminal Law is your top choice for strong DUI and Criminal defense representation. With a focus on a limited number of clients, we dedicate our full attention to each case, ensuring personalized and effective legal solutions.

 

Why Choose Us?

  • Client-Centric Approach: Your well-being is our priority, and we tailor our defense strategies to your unique circumstances.
  • Local Expertise: Serving exclusively in the Phoenix Area within Maricopa County, we bring in-depth knowledge of local laws and procedures to your case.
  • Dedication to Defense: Our commitment to criminal defense ensures we provide you with informed advocacy and relentless representation.
  • Educate and Advocate: We believe in empowering our clients by providing comprehensive legal guidance and unwavering support throughout the legal process.
  • Free Phone Consultation: Schedule a free consultation with us to discuss your case and explore your legal options.
  • Flexible Payment Plans: We offer payment plans to accommodate your financial situation, ensuring access to quality legal representation.

 

Protect Your Rights, Schedule a Complimentary Phone Consultation

If you’re facing DUI or other Criminal charges in Arizona, it’s crucial to enlist the help of an experienced criminal lawyer. At Future First Criminal Law, we’re dedicated to safeguarding your rights and freedoms. Contact us today to schedule your free consultation and take the first step towards a successful defense.

Your Right to a Speedy Trial

Top-Rated Lawyers in Phoenix Dedicated to DUI and Criminal Law

At Future First Criminal Law, we provide strong DUI and Criminal defense representation, distinguishing ourselves as a top choice in the Phoenix area. Focusing on a limited number of clients allows us to offer personalized attention to each case, understanding its unique intricacies. Acknowledging the high stakes involved, our devoted team diligently develops strong defense strategies tailored to each client’s needs, ensuring effective representation in court. Our goal is to level the playing field in the criminal justice system and help individuals avoid incarceration by offering valuable legal insights and unwavering support throughout the legal process. Committed to empowering our clients, we help navigate the complexities of the legal system to achieve favorable outcomes.

Successfully Defending Clients Throughout the Phoenix Metro Area - Maricopa County

Avondale, Buckeye, Chandler, Gilbert, Glendale, Goodyear, Mesa, Peoria, Phoenix, Scottsdale, Surprise, Tempe

Top-Rated Arizona Defense Lawyers Dedicated to DUI and Criminal Law

 Your Right to a Speedy Trial – Continued

11. ENOUGH IS ENOUGH. IF I BELIEVE THAT MY (OR MY LOVED ONE’S) RIGHT TO A SPEEDY TRIAL IS BEING VIOLATED, WHAT SHOULD I DO?

First, with the help of your criminal defense attorney, you should make a formal request for a speedy trial. This request is called a Motion for a Speedy Trial; we’ve included a sample, for your review, at the end of this booklet. Filing this motion should get the case moving but, if not, it will serve to strengthen your claim that you have “repeatedly and consistently asserted the right to a speedy trial.”

If the delay continues, then you and your attorney can file a motion to dismiss – that is, seek to have the charges dismissed and the case dropped based on this violation of your constitutional right.

 

12. WHAT IS THE REMEDY FOR A SPEEDY TRIAL VIOLATION?

Dismissal is the remedy for a speedy trial violation. If there is a lengthy delay before your case goes to trial, and the court determines that you have been denied your constitutional right to a speedy trial, then the court must dismiss (toss out) the charges against you. If, after a conviction, an appellate court determines that a speedy trial violation occurred, the court must set aside the conviction and sentence, and dismiss the charges.

 

IN REVIEW

All criminal defendants in the United States have the right to a speedy trial.

1. The right to a speedy trial provides a crucial limitation on governmental power by requiring prosecutors to bring criminal matters to a timely conclusion.
2. This right kicks in upon formal accusation, such as the filing of an indictment or information, not upon arrest.
3. The precise amount of time prosecutors have to bring criminal defendants to trial varies by jurisdiction—the timeframe usually lies somewhere between 60 and 180 days.
4. A criminal defendant cannot be forced to waive (give up) the right to a speedy trial, but courts often toll (suspend) the speedy trial period and set matters outside of the statutorily determined timeframe.
5. In reality, speedy trial deadlines are not hard and fast. Courts evaluate alleged violations by considering four key factors: length of the delay; reason for the delay; whether the defendant repeatedly and consistently asserted the right to a speedy trial; and the impact of the delay on the defendant’s ability to mount an adequate defense.
6. If you seek to have your case dismissed due to a speedy trial violation, you must show some harm to your defense. Harm is not necessarily presumed simply as a result of the delay; if you cannot demonstrate that the length of the delay is detrimental to your defense, then the delay is inconsequential.

 

SAMPLE MOTION FOR SPEEDY TRIAL

CONSTITUTIONAL AND STATUTORY MOTION FOR SPEEDY TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW the Defendant in the above entitled and numbered cause, by and through his attorney of record, (name of Defendant’s attorney of record), and requests this Honorable Court to afford the Defendant his constitutional and statutory rights to an immediate and speedy trial; and in support thereof would show the Court as follows:

I. This action commenced on (date that case was filed) with the filing of this cause. An
indictment was presented and returned on (date of indictment).

II. (Length of time that has passed) has passed from the commencement of this action/ date of indictment to the date of the filing of this Motion. Neither the Defendant nor defense counsel has committed any act or omission contributing to this delay.

III. On each occasion wherein this cause of action was set for trial, the Defendant announced that he was ready. At no time has the Defendant moved for a continuance.

IV. At no time during the pendency of this case has the case gone to trial. Each time the case has been delayed, it has been delayed through the actions and inactions of the prosecuting attorney and the courts.

V. The above-described delay is prejudicial to the Defendant in that the Defendant has suffered oppressive pre-trial incarceration, as well as much anxiety and concern regarding the outcome of the trial herein. Further, due to delay caused by the State, the Defendant has suffered in his ability to present his case in that (describe detriments to Defendant such as: the loss of evidence; the loss of witnesses; the fact that the Defendant is no longer eligible for probation due to intervening convictions; etc.).

VI. Therefore, the Defendant’s right to a speedy trial, as guaranteed by the Sixth Amendment of the United States Constitution; [the State constitution]; and [State law] has been denied, and the Defendant is entitled to an immediate and speedy trial in the above entitled and numbered cause.

WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court will grant this, the Defendant’s Constitutional and Statutory Motion for Speedy Trial in all things; or in the alternative, that this Court schedule this matter for a hearing prior to trial on the merits and that at such hearing this Motion will be in all things granted.

If you need a assistance with a DUI or Criminal Case, please don’t hesitate to contact us by clicking on the buttons below.