The right to a speedy trial is a fundamental constitutional protection that guarantees anyone accused of a crime the right to have their case heard and resolved within a reasonable time. This right helps prevent people from being in jail or facing criminal charges for extended periods without a fair opportunity to defend themselves. In Oklahoma, there are protections under both the Sixth Amendment to the U.S. Constitution and Article II, § 20 of the Oklahoma Constitution.
What Does “Speedy” Actually Mean?
“Speedy” doesn’t mean the trial has to happen immediately—but it does mean the State cannot delay the trial without good reason.
Courts consider several factors when deciding whether there is a violation of the right to a speedy trial:
- Length of the delay
- Reason for the delay
- Whether the defendant asserted their right
- Whether the delay prejudiced (harmed) the defendant’s case
Generally, a delay longer than one year may raise constitutional concerns—especially if the delay is caused by the government, not the defense.
Oklahoma Law on Speedy Trial
Under Oklahoma law:
- A person charged with a misdemeanor should be brought to trial within one year of being charged or arraigned.
- A person charged with a felony must be tried within a reasonable time, typically within one year if they are in custody, unless a good cause for delay exists.
If the government violates your right to a speedy trial, your attorney can file a motion to dismiss the charges. If the court finds the delay to be both unreasonable and prejudicial, it may dismiss the case with prejudice, preventing the prosecution from refiling it.
Common Causes of Delay (and When They’re Legal)
There are several common causes for delay, although not all are valid:
- Valid reasons for delay: Court congestion, witness unavailability, continuances requested by the defense
- Invalid reasons: Repeated prosecutorial delays, failure to prepare the case, or excessive rescheduling without cause
If you did not ask for the delay and it hurt your defense, your rights may have been violated.
Why the Right to a Speedy Trial Matters
This right protects people from:
- Sitting in jail for months or years awaiting trial
- Living with charges hanging over them
- Losing evidence or witnesses over time that could help prove innocence
A prompt trial helps ensure fairness, due process, and integrity in the justice system.
Tulsa Criminal Lawyers Law Firm
If you or a loved one is awaiting trial in Oklahoma, your right to a speedy trial may be one of the most important legal protections available. If you need help, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.