The Right to a Speedy Trial in Missouri

The right to a speedy trial is a fundamental principle in the United States criminal justice system, it’s even in the Constitution. It ensures that defendants are not subjected to undue delays in the legal process, preserving their rights to a fair trial. The problem is that the term “speedy trial” seems to be defined differently in different locations.

The Right to a Speedy Trial in Missouri:

In Missouri, the right to a speedy trial is safeguarded by both state and federal laws. The Missouri Constitution, in Article I, Section 18(a), explicitly states that “in all criminal prosecutions, the accused shall have the right to a speedy and public trial.” Similarly, the Sixth Amendment of the U.S. Constitution guarantees the right to a speedy trial in federal cases, which is also applicable to state prosecutions under the Fourteenth Amendment. That all sounds good, but what does that actually mean?

Comparison with Other States:

While the fundamental right to a speedy trial is protected across the United States, the application of this right may vary from state to state. In Missouri, the state courts have established guidelines known as the “Zedner factors” to determine whether a defendant’s right to a speedy trial has been violated. These factors include the length of the delay, the reasons for the delay, the defendant’s assertion of their right, and any prejudice resulting from the delay.

In contrast, other states may employ different standards to assess the violation of the right to a speedy trial. Some states have adopted strict timeframes, setting specific deadlines within which a trial must commence after the filing of charges. These variations are due to differences in legal interpretation, state statutes, and court decisions, resulting in distinct approaches to determining a violation of the right to a speedy trial.

Exercising this right in Missouri: Defendants in Missouri can actively exercise their right to a speedy trial by taking certain measures. First and foremost, defendants should promptly assert their rights by notifying the court and their legal counsel of their desire for a speedy trial. In my office here in St. Charles County, we simply submit a Notice to the court that our clients are asserting this important right.  This ensures that the court is aware of the defendant’s intention and establishes a foundation for the protection of their rights.

Moreover, defendants can collaborate with their legal representation to gather evidence and arguments supporting their request for a speedy trial. This may involve demonstrating any potential prejudice that could arise from an extended delay, such as the loss of witnesses or fading memories. By presenting these factors effectively, defendants increase the likelihood of their request being granted.

Exercising Your Right to a Speedy Trial:

To implement the right to a speedy trial, defendants can file a motion with the court requesting a prompt trial date. This motion serves to notify the court and the prosecution of the defendant’s intention to expedite the legal proceedings. It is crucial for defendants to work closely with their legal counsel throughout this process, as their expertise can greatly aid in navigating the procedural complexities.

Additionally, defendants can seek assistance from organizations or legal services that specialize in protecting individual rights. These resources can provide guidance and support, ensuring that defendants understand their rights and the necessary steps to enforce them effectively. If you have an attorney, this shouldn’t be necessary, but help is out there.

This right is a vital aspect of the criminal justice system in Missouri, protected by state and federal laws. While the specific application of this right may differ across states, Missouri utilizes the Zedner factors to evaluate violations. Defendants in Missouri can exercise their right to a speedy trial by asserting their intention, gathering supporting evidence, and filing a motion with the court. By understanding and implementing this right, defendants can navigate the legal process more efficiently, preserving their fundamental rights to a fair.