Most criminal defendants are guaranteed the right to a “speedy trial” under the Sixth Amendment and federal or state laws, but in practice, very few actually receive what most people would consider a truly “speedy” trial, especially in recent years.natecrowleylaw+2

Legal Framework and Practical Realities

The federal Speedy Trial Act generally requires trials to begin within 70 days of indictment, with many states imposing similar or even stricter deadlines. However, courts often grant exceptions for pretrial motions, scheduling conflicts, or other delays, so the deadlines are not absolute. Defendants may also waive their right to a speedy trial, sometimes for strategic reasons such as more time for case preparation.wikipedia+2

Are Speedy Trials Happening in Practice?

The reality is that court backlogs, complex cases, and routine delays mean that trials are frequently postponed well beyond the intended statutory timeframe. For example, only about 83% of felony cases are resolved within a year, and 77% of misdemeanors within 180 days; many cases linger far longer, especially if they go to trial instead of ending in a plea bargain. Federal data from 2025 shows an average of over 2 years (810 days) from criminal referral to sentencing or acquittal by trial, a figure that does not reflect the original intent of “speedy trial” laws.greggcohenlaw+2

Consequences and Enforcement

When delays completely exceed accepted time frames, defense attorneys may file motions for dismissal based on speedy trial violations. In some jurisdictions (like parts of New York), the rate of such dismissals has increased, but violations typically result in dismissal of charges only in a minority of cases and often after protracted motions litigation. Many defendants remain in pretrial detention for months or even years if the backlog is severe, and the impact is felt disproportionately by certain demographic groups.datacollaborativeforjustice+2

Summary Table: Typical US Criminal Trial Timelines

Most defendants technically receive some protection against excessive delay, but actual speedy trials as envisioned by law are the exception, not the rule, especially in federal courts or jurisdictions facing significant backlogs.nacdl+2