What is the test for waiver of a defendant's right to a speedy trial?

1. Notably, the right to a speedy trial can be waived "if delay is attributable to the defendant . . . under standard waiver doctrine." Id. at 529. Thus, we have held that "when the defendant seeks to avoid detection by American authorities and any post-indictment delay can be attributed to him, he waives the right to a speedy trial." United States v. Sandoval, 990 F.2d 481, 483 (9th Cir. 1993) (internal quotations omitted). However, courts are not to infer a waiver from mere silence on the part of a defendant in demanding a speedy trial; rather, such silence "is [but] one of the factors to be considered in an inquiry into the deprivation of the right." Id. at 528.

1. Notably, the right to a speedy trial can be waived "if delay is attributable to the defendant . . . under standard waiver doctrine." Id. at 529. Thus, we have held that "when the defendant seeks to avoid detection by American authorities and any post-indictment delay can be attributed to him, he waives the right to a speedy trial." United States v. Sandoval, 990 F.2d 481, 483 (9th Cir. 1993) (internal quotations omitted). However, courts are not to infer a waiver from mere silence on the part of a defendant in demanding a speedy trial; rather, such silence "is [but] one of the factors to be considered in an inquiry into the deprivation of the right." Id. at 528.