“I must have a speedy trial.”

The myth of the speedy trial is that some clients think that if they ask for a speedy trial or do not waive their right to a speedy trial, then their case will automatically be dismissed.111 These clients don’t necessarily understand that very rarely has time ever hurt a defendant’s case. They do not understand that distance and time does tend to heal all wounds, make people forgive, forget, leave the county, state, or country without a forwarding address, and sometimes even die.

Speedy trial makes sense in any case where the alleged victim wants the case dropped, and has no intention of appearing in court, even if subpoenaed. But when the police are the only witnesses or the witnesses are gung ho to go forward, the client eventually starts to believe that speedy trial is not always such a good idea.

The reality is sometimes demanding a speedy trial works,112 either because certain state witnesses are unavailable or the state has no case, or the client is in jail, and the case is never going to get any better no matter what, or for whatever reason the state just isn’t ready to try the case.