Know Your Rights: Speedy Trials in Maryland
Anne Arundel County Criminal/DWI Defense Attorneys Explain Your Right To A Speedy Trial In Maryland
If charged with a criminal offense, you are entitled to have a speedy trial. The same rules apply whether you are charged with a DWI, assault, theft or any more serious crimes. The question then is how the court determines whether you have been given a speedy trial.
Neither the prosecutor nor the trial judge will stand up on their own and declare that your rights to a speedy trial have been violated. Instead, it is the roll of your criminal defense attorney to make a motion to dismiss your case due to the lack of a speedy trial. In District Court cases, there is not a specific date when a case must be brought to trial. In cases in the Circuit Court, your case must be brought to trial within a certain number of days unless you waive your right to a speedy trial or unless a judge finds good cause to go beyond the speedy trial date.
In order to determine whether your right to a speedy trial has been violated, the court will look at a number of different factors. Below are the factors to be weighed by the trial judge:
- The length of the delay.
- The reasons for the delay.
- Whether and when did you assert your right to a speedy trial.
- Whether you suffered any prejudice as a result of the delay.
There is not one factor that outweighs the rest in determining a violation of your right to a speedy trial. Instead, the court will weigh all of these factors in order to make a ruling.
To find out more information about speedy trial rights or if you have any questions about a Maryland criminal or DWI case, call our office toll free at (410) 590-9401 or fill our one of our secure contact forms.