Speedy trial rights can start before you arrive in court
Speedy trial rights can start before you arrive in court
Speedy trial rights can apply to delays in moving along a prosecution, not only in concluding a prosecution
Speedy trial rights (STR) are a vital part of the Bill of Rights. U.S. Const. Amend. VI. As a Fairfax criminal lawyer, I have obtained dismissal relief for the violation of this right. A qualified Virginia criminal defense attorney will know that in addition to the foregoing Constitutional STR, Circuit Court defendants also have an STR pursuant to Virginia Code § 19.2-243, generally providing for dismissal if the case does not commence within five months for incarcerated defendants and nine months for those who are not incarcerated, starting from the time periods specified in the foregoing statute. STRs can apply not only to delays in starting a prosecution, but also to delays in commencing a prosecution. U.S. v. Chaudhry, ___ F.4th ___, 2025 WL 3637158 (4th Cir. Dec. 16, 2025).
Do my speedy trial rights commence before my extradition to the place of prosecution?
Your speedy trial rights commence when criminal charges are brought against you, not at the time that you are extradited (if applicable) or arrive in court. Chaudhry, supra. That does not automatically mean that you will obtain STR relief, where the four-part balancing analysis for STR claims is length of the delay, reason for the delay, assertion of your STR rights, and prejudice from the delay. Barker v. Wingo, 407 U.S. 514 (1972); Chaudhry. Chaudhry provides details about STRs commencing at the time of the alleged crime, although Chaudhry does rule against providing any STR relief. In Chaudhry, a dual United States-Pakistani citizen, was charged and convicted of terrorism-related offenses, and served ten years in prison in Pakistan. Pakistan then extradited him to the United States, where he was charged with similar offenses, and entered a conditional guilty plea that allowed him to appeal on STR grounds. Id.
STRs can start before being in custody in the prosecuting jurisdiction
even before the defendant faces a federal indictment or is in federal custody.” Chaudhry (referencing two of the Fourth Circuit’s prior holdings). Chaudhry does not resolve whether his STRs started at the time an arrest warrant was issued against him or when he was indicted around eight years later, finding that either starting point favored Chaudhry. However, in the end, Chaudhry finds no undue STR delay in getting him prosecuted in Virginia federal court nor for the alleged prejudice of the mental health deterioration of a witness without specifying what that witness could have testified to when his mental faculties were in better shape. Chaudhry.
Should I condition my Virginia guilty or no contest plea on the ability to appeal one or more procedural issues?
Chaudhry entered his guilty plea in federal court on the condition that he be able to appeal his speedy trial rights issue. The law governing guilty and no contest / nolo contendere pleas in Virginia state court also enable doing the same, so long as the parties agree. When you speak with your Virginia criminal defense lawyer about plea negotiations, be ready to ask whether any such agreement should be conditioned on reserving specific appellate issues. Of course, an incentive a Virginia assistant commonwealth’s attorney / prosecutor has for entering a plea deal in the first place is to have the finality that saves time from working on any appeal or subsequent trial.
Fairfax criminal lawyer Jonathan Katz relentlessly fights for your best possible defense against Virginia felony, misdemeanor and DUI prosecutions. Secure your free in-person initial confidential consultation with Jon Katz about your court-pending case, by contacting his staff at 703-383-1100, Info@BeatTheProsecution.com, and (text) 571-406-7268.
