If you've been arrested and charged with a crime, you probably want to be able to put the entire ordeal behind you as quickly as possible. Under your state's criminal code, you have the right to request a quick and speedy trial -- ensuring that your case will be resolved in a timely manner. However, in some circumstances, a speedy trial may actually harm you. Read on to learn more about the situations in which you should (and shouldn't) request a speedy trial.

How is a speedy trial defined?

The U.S. Constitution's Sixth Amendment provides that each citizen, upon being arraigned for a criminal charge, has the right to a fast and speedy trial. It is violative of this right for the courts to drag out criminal proceedings for years. However, in many situations, you must verbally or in writing request a speedy trial -- otherwise, your trial will be put on the regular court calendar, which (depending upon the court's backlog) could keep you in limbo for quite a while.

Because the Constitution itself does not set out any specific time limits, each state has its own laws interpreting what exactly constitutes a speedy trial. Not only is your trial schedule subject to the state's time limits, but whether a trial is sufficiently "speedy" often depends on whether you are incarcerated or out on bail or bond. In general, appellate courts have held that delaying the trial of someone who is incarcerated is a more serious violation than delaying the trial of someone who has been released pending trial.

Why wouldn't you request a speedy trial?

There are several procedural and tactical reasons you might not want to request a speedy trial.

First, if you have a very complex defense, it may take your attorney time to mount this defense, interview witnesses, and prepare exhibits. Rushing to trial could mean that you end up unable to raise all the defenses you'd like, and could even cause you to lose your case.

Next, if there are personal circumstances that require your attention now, you may wish to delay your trial. For example, if you have a terminally ill relative and feel that the odds are high that you may be sentenced to prison, it may be in your best interest to delay your trial until after this relative has passed away, allowing you to spend as much time together as possible.

And finally, if you feel that extra time could cause the prosecution's case to become stale, you may want to delay your trial. In many cases, after an extended period of time has passed, the prosecution may determine that their evidence is no longer sufficient to convict, and will elect to drop the charges against you.

For more information, contact an attorney like Balduf William Law Office.