Right to speedy trial

The Right to Speedy Trial encompasses several constitutional and statutory rights.

Constitutional right against pre-accusation delay

Pre-accusation delay is delay between the crime itself and the arrest or charging of the defendant. This is subject to the Due Process clauses of the Fourteenth Amendment to the United States Constitution and the California Constitution, article I, section 7.

Constitutional right against post-accusation delay

Post-accusation delay is delay between arrest of the defendant or filing of the accusations and trial. This is subject to the speedy trial clauses of the Sixth Amendment to the United States Constitution and California Constitution article I, section 15.

Federal speedy trial right

Barker v. Wingo set out a multi-factor balancing test to determine if a case should be dismissed because of post-accusation delay. The four factors are "Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” (407 U.S. at p. 530, fn. omitted.)

Statutory rights

Right to speedy trial

Offense	Deadline	Code
In-custody at arraignment for misdemeanor	30 days after arraignment or entry of plea	PC1382(a)(3)
Out-of-custody at arraignment for misdemeanor	45 days after arraignment or entry of plea	PC1382(a)(3)
Felony	60 days after arraignment on information or indictment	PC1382(a)(2)