Published on 7/26/2024, 6:21:00 AM

Speedy Trial in Maryland: What Does It Mean?

If you’ve been charged with a crime in Maryland, you have a right to a “speedy trial.” That right comes from two separate places: the constitutional right under the Sixth Amendment and Maryland’s statutory “Hicks Date.” They work differently, and the difference can decide whether your charges stick.

Understanding the Constitutional Right to a Speedy Trial

The Sixth Amendment of the U.S. Constitution guarantees every defendant the right to a speedy trial. The Supreme Court set the standard in Barker v. Wingo. No fixed number of days applies. Courts weigh four factors to decide whether the State violated the right:

1. Length of the Delay: The time between the arrest or formal charge and the trial.
2. Reason for the Delay: Delays caused by the prosecution weigh against the state, while delays caused by the defense weigh against the defendant.
3. Defendant’s Assertion of the Right: Whether and how often the defendant has asserted their right to a speedy trial.
4. Prejudice to the Defendant: Any negative impact on the defendant, such as prolonged incarceration, anxiety, and impaired defense.

In Maryland, the constitutional speedy trial right is assessed from the date of arrest or formal charge to the trial date. This means if you’ve been sitting in jail for an extended period without trial, your defense attorney can argue that your constitutional right to a speedy trial has been violated.

Maryland’s Statutory Speedy Trial: The Hicks Date

Maryland also has its own specific rule regarding the right to a speedy trial, often referred to as the “Hicks Date.” According to Rule 4-271, the Hicks Date mandates that a criminal trial must commence within 180 days of the earlier of the defendant’s first appearance in court or the appearance of counsel in Circuit Court.

The rule keeps cases moving and cuts down on delay, but it has exceptions. A judge can move the trial date for “good cause shown,” so a legitimate reason can push the trial past the 180-day limit.

It is also important to note that these statutory deadlines only apply in Circuit Court cases, not District Court cases.

Why the Distinction Matters

The two rules do different work, and the difference can change your case. If your Circuit Court trial slips past the Hicks Date without good cause, a judge can dismiss the charges outright. The constitutional right reaches more situations but is harder to win, since it turns on how long the delay ran, who caused it, whether you demanded a trial, and how the delay hurt your defense.

Benefits of Hiring an Attorney

A speedy trial claim turns on details most people miss. A defense lawyer can:

• Track the delays: figure out what caused each postponement and whether it counts against the State.
• File the motion: if the delay crosses the line, move to dismiss the charges or ask for another remedy.
• Push the record: assert the right on the record so the delay works in your favor, not against you.

Frequently Asked Questions

What happens if my trial doesn’t start within the Hicks Date?

If your trial doesn’t start within the 180-day period set by the Hicks Date and there’s no good cause for the delay, your attorney can file a motion to dismiss the charges against you.

Can I waive my right to a speedy trial?

Yes, a defendant can waive their right to a speedy trial. This might happen if the defense needs more time to prepare the case. However, this waiver must be done knowingly and voluntarily, often with the advice of legal counsel. It is normally done in open Court before a Judge.

What is a Speedy Trial Demand, and what does it mean?

A demand for a speedy trial is a formal request made by a defendant or their attorney to ensure that the trial begins within a reasonable timeframe as guaranteed by the Sixth Amendment of the U.S. Constitution. This demand is often made to prevent undue delays in the legal process, which can cause significant prejudice to the defendant, such as prolonged pretrial incarceration, anxiety, and impaired defense.

What constitutes “good cause” for delaying a trial past the Hicks Date?

Good cause for delaying a trial can include a variety of reasons such as the unavailability of a key witness, the need for additional time to prepare for complex cases, or delays caused by the defendant’s actions.

How does the length of delay affect my case?

The length of delay is a critical factor in determining if your right to a speedy trial has been violated. Prolonged delays can lead to dismissal of charges if it’s found that your rights have been infringed upon without valid reasons.

Can I claim a violation of my speedy trial rights if I didn’t assert them?

While asserting your right to a speedy trial strengthens your case, you can still claim a violation if you haven’t explicitly asserted your rights, especially if the delay is excessively long and prejudicial.

Conclusion

Your speedy trial right in Maryland comes from two places: the constitution and the Hicks Date. The Hicks Date sets a hard 180-day deadline in Circuit Court. The constitutional right covers unreasonable delay more broadly.

If you’re facing charges, get an attorney who knows both rules. At FrizWoods LLC, we handle Maryland speedy trial issues and build the strongest defense the facts allow.

Contact us today to talk through your case.