What is the federal right of a defendant to a speedy trial?

California, United States of America


The following excerpt is from People v. Sandoval, B269089 (Cal. App. 2017):

The Sixth Amendment to the United States Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial[.]" Based upon the clear language of the Sixth Amendment, the federal right to a speedy trial "is activated only when a criminal prosecution has begun and extends only to those persons who have been 'accused' in the course of that prosecution." (United States v. Marion (1971) 404 U.S. 307, 313.) One becomes an accused only upon "formal indictment or information or else the actual restraints imposed by arrest and holding to answer [on] a criminal charge[.]" (Id. at p. 320.)

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