There are many state and federal laws that protect those accused of criminal activity. The right to a trial is a very important protection. The Constitution enshrines the right to a speedy trial, meaning that people should not end up left in legal limbo indefinitely when accused of breaking the law.
Unfortunately, the criminal justice system can’t always live up to that promise. A high number of cases going to trial combined with a lack of prosecutors and/or judges has created a scenario in which defendants may wait for months for an opportunity to have their cases heard in criminal court. Those delays in the criminal justice process can lead to numerous hardships and setbacks for those accused of breaking the law.
Delays cause many practical challenges
Not everyone accused of a criminal offense can secure their release after their arraignment. In some cases, the courts may deny pretrial release out of concern the defendant may flee the jurisdiction, commit additional crimes or interfere with witnesses. Other times, they may not be able to post bail because they lack the resources to do so.
They may then sit in state custody for months waiting to exonerate themselves. The issues that arise in such cases can have long-term repercussions for the defendant. They may lose their job due to an extended leave of absence that they cannot control.
Their hosting could also be vulnerable. They may fall behind on rent or mortgage payments and face foreclosure or eviction. The lengthy incarceration they endure can also affect their close relationships. They may be at risk of a spouse filing for divorce and alienation from their children.
Additionally, they may incur substantial costs while living in state facilities. In some cases, defense attorneys may be able to use delays in the criminal courts as a reason to request relief for their clients, such as release from custody pending trial when it might otherwise not be an option. Other times, they may be able to leverage the pressure on criminal justice professionals to negotiate a more favorable clear arrangement.
Defendants need to know their rights and the state of the criminal justice system if they hope to successfully defend against pending criminal charges. As such, defendants facing unfair delays and lengthy incarceration may benefit from securing professional advocacy as they wait for trial.The post Court backlogs can be very challenging for criminal defendants first appeared on The Law Office of Anthony B. Cantrell.
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