Constitutional trial

For felonies in California, the time limit is usually 60 days. Violations of a right to a speedy trial could result in a conviction and sentence being wiped out or the charges against a defendant being dismissed if a case has not yet reached trial. A successful Serna motion will result and criminal charges against the defendant being dismissed. When deciding whether or not to grant a Serna motion in a federal criminal case, a judge will need to balance the following four factors:.

However, when a Serna motion is brought under the California Constitution, a state judge will only consider the following two factors:. Sixth Amendment The Sixth Amendment guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay , the right to a lawyer , the right to an impartial jury , and the right to know who your accusers are and the nature of the charges and evidence against you.

Amendment VI In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

Log into your account. Password recovery. Recover your password. Forgot your password? Get help. The Constitution of the United States of America applies a number of constitutional rights and protections to individuals who are facing a trial.

Although certain aspects of the Constitution can be applied to both civil and criminal proceedings, the most important protections granted by the Constitution are the constitutional liberties that come into effect in a criminal trial.

Witness Protection Program. Grand Jury. Deferred Compensation. Quick Facts About Expungement. What Does it Mean to be a Victim? Legal Definition of Subpoena. How to File a Subpoena Form?