How to File a Speedy Trial

Refer to state statutes to note your legal rights.

Every citizen has the right to a speedy trial. The Sixth Amendment of the United States Constitution grants this right to all citizens -- regardless of the crime they are alleged to have committed. While speedy trials are constitutionally determined, delays and legal opposition may arise, preventing a case from proceeding with expedition. File for a speedy trial with the court overseeing your case or petition to counterclaim any proposed delay initiated by an opposing legal team.

Things You'll Need

• Personal ID
• Case number
• Motion to expedite
• Counterclaim petition
• Financial Records

Instructions

1. Stay abreast of all timelines and deadlines pertinent to your case. All court procedures are subject to timelines and any delay or failure to adhere to timelines can violate one's Constitutional rights. If you are arrested in Mississippi, for example, all criminal charges must be filed with the District Criminal Court within 30 days of your incarceration. Court hearings on matters of arrest must also be carried out within a certain time frame. Consult your state legal statutes for exact timelines related to court cases.

2. Petition for a Motion to Expedite with the judge or clerk of the court overseeing your case. A Motion to Expedite is a request to the court to maintain -- or expedite -- deadlines in a manner supported by substantiating legal grounds. Legal grounds are the evidence to support the call for expedition. Present hard evidence -- financial records or electronic correspondences, for example -- that proves the matter is extremely time sensitive or you are at high risk of harm if the case delays, for instance.

3. File a counterclaim petition. Counterclaim petitions are legal devices used to counter motions filed by an opposing party. Fill out the counterclaim form in full and state -- with detail -- why the counterclaim should be honored by the court. Submit supporting documentation, as necessary -- medical records or police reports, for example -- to validate your counterclaim. A counterclaim may be filed, for instance, if the opposing legal team motions for an extension of time to prepare evidence or witnesses.

References

• U.S. Legal: Speedy Trial Law and Legal Definition
• U.S. District Court Northern District of Mississippi: Speedy Trial Act of 1979 Information
• Supreme Court of Appeals in the State of West Virginia: Motion for Expedited Consideration Example

Resources

• National Archives: U.S. Constitution