You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.
- Speedy trial without demand: In most cases, a defendant will be brought to trial within 90 days of arrest if the crime is a misdemeanor, and within 175 days of arrest if the crime charged was a felony.
- Speedy trial with demand: With limited exceptions, every person charged with a crime has the right to demand a trial within 60 days.
A felony is a crime usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is usually punishable by a fine or a year or less of incarceration. Many prosecutors will consider “plea agreements,” although it is not legally required. If you do not reach a plea agreement with the prosecutor, your proceedings will move toward the trial stage. Usually, if you are charged with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by pleading guilty or choosing a bench trial (a trial in front of a judge only). If you request a bench trial, the judge will perform the fact-finding function that is usually performed by the jury.
