If you are accused of a crime, you have a right to a “speedy” trial that is guaranteed by the U.S. Constitution, the Mississippi Constitution, and other statutes and rules.
The Sixth Amendment to the U.S. Constitution begins by stating “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . .” I won’t comment on whether you will actually enjoy this right, but you certainly do have it. This right has been applied to state prosecutions through the due process clause of the Fourteenth Amendment. Klopfer v. State of North Carolina, 386 U.S. 213 (1967). What this means is that, through the U.S. Constitution, the right to a speedy trial is preserved for you not only in federal court, but in state court as well.
But if that weren’t enough, the state of Mississippi also guarantees the right to a speedy trial in the state constitution. MS Const. Art. 3, § 26 (“In all criminal prosecutions the accused shall have a right to . . . a speedy trial by an impartial jury . . . “). You’ve also got a statutory right to a speedy trial in Mississippi, which is a little more specific:
Unless good cause be shown, and a continuance duly granted by the court, all offenses for which indictments are presented to the court shall be tried no later than two hundred seventy (270) days after the accused has been arraigned.
Miss. Code Ann. § 99-17-1. The constitutional right to a speedy trial exists separately from the statutory right. Usually, if one of these issues is present the other must be considered as well.
So we’ve established that you’ve got the right, but what does it mean? The constitutional provisions are so general that they have resulted in much litigation trying to interpret what is meant by “speedy.”
If we raise a speedy trial issue in your case, we will construct a “timeline” for the court, showing the dates of each significant event in your case, and demonstrating how the government’s delay has violated your rights. After we present this to the judge in the form of a motion, the judge will consider the following factors in deciding the issue:
- The length of the delay;
- The reason for the delay;
- Your assertion of your rights (whether you actually demanded a speedy trial early on); and
- Whether the delay was actually prejudicial to you.
Smith v. State, 977 So.2d 1227 (Miss. 2008)(citing Barker v. Wingo, 407 U.S. 514 (1972). The court is going to consider such things as whether you and your lawyer consented to any continuances in the case, whether waiting in jail has been “oppressive” to you, and whether the preparation of your defense to the case has been impaired by the delay in bringing you to trial. Mere passage of time is usually not enough. We are going to have to show some actual prejudice you have suffered as a result of the delay.
Practically speaking, I would not advise pinning your hopes and dreams on a speedy trial issue that may be present in your case. Not many defenses are successful on this issue alone. But an aggressive, competent criminal defense attorney will review your case for each and every potential issue that will be of benefit to you, and advise you accordingly.
By Clarence T. "Gup" Guthrie III. Gup is a retired United States Marine artillery officer and J.A.G., and has been lead counsel in over 250 criminal and civil trials. He has defended hundreds of DUI cases. Gup believes that paying clients, or serious potential clients, should be able to contact their lawyer at all times, so he can be reached 24/7 by telephone at 601-991-1099, or emailed at clarence@guthriefirm.com.
I know all lawyers in MS are not good people, maybe they are good lawyers, but unless they put that to use you might as well repesent yourself. How about over (2) years for a trial because your lawyer requested it, kept putting it off because he was involved in a very high profile case that he took on after you hired him? And when should you be arrained? How about they forgot it and you were arrained months and months after you where arrested. Ms has some shady lawyers who don’t care about some of their clients even if thay are being paid a very very LARGE sum of money. I think it is disgraceful to call yourself a professional when you take money and don’t do anything for your client!!!!!!
Thank you for the comment. I’m sorry that your experience with the legal system and with your lawyer is not going as expected. I obviously don’t know anything about your particular case, but my general advice is to call (or write if they won’t return your calls) your lawyer and voice your concerns.
The best attorney-client relationships occur when you and your lawyer work as a team. Sometimes when people come to see me I have to dispel the notion that you simply pay the lawyer the fee, and then come back several weeks later and the case is over. You and your lawyer have to work together to investigate the facts, develop any possible defenses, and present your case in the most effective way possible. But it requires a team effort.
Give your lawyer a call, schedule a visit, and get them to lay it out for you. Communication is the key. I wish you the best with it.
Semper Fi,
I have been accused of a sex crime involving my at the time 6 yr old daughter whom lives in Arkansas I’ve not seen my two kids in three years because of said charges and da can’t get in touch with my x wife or family ,cause they know the charge are false I’m currentlymaried for three yrs and now have another child a daughter who is now one yr old .that’s three yrs of my life I can never get back please please help me
If you are charged with a crime in Mississippi it is highly likely that I can help you, but we will need to sit down and assess your case first. If you would like to hire me please call my office for an appointment.