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  5. Will My Criminal Case Get Dismissed If I Am Denied A Speedy Trial?

Will My Criminal Case Get Dismissed If I Am Denied A Speedy Trial?

On Behalf of Dixon & Moseley, P.C. | Nov 27, 2019 | Appellate Practice

Most of us have probably heard the phrase “you have the right to a speedy trial” at some point in our lives. But, you may be wondering, what is the right to a speedy trial? And more importantly, what happens if I am denied a “speedy” trial? This blog provides a brief overview of the right to a speedy trial, as well as the effects a violation of your right may have on your criminal case.

The United States and Indiana Constitutions guarantee the right to a speedy trial.1 As our Indiana Supreme Court has stated, “[t]he speedy-trial right is a ‘fundamental principle of constitutional law.’”2 Because of the importance of this right, it is guaranteed by Indiana Criminal Rule 4. Under Criminal Rule 4, the general rule is that when an alleged criminal defendant requests his/her right to a speedy trial, the defendant must be brought to trial within 70 days of the request. The penalty for failure to bring a defendant to trial within 70 days is a dismissal of the case. There are, however, exceptions to this rule, which excuse the State’s failure for bringing a defendant to trial within 70 days, as well as provisions allowing for the State to obtain an extension of time.

You’re probably thinking, “well this is great and all, but do cases actually get dismissed for violation of this right”? Maybe you’re thinking, “well the State can always just get an extension, so it doesn’t really matter”. The fact of the matter is, cases do get dismissed for violation of this right, and the State can’t simply get an extension whenever it so pleases, as was demonstrated in a recent Court of Appeals decision of Peele v. State.3 In Peele, the Court of Appeals recently discharged two criminals after the State failed to bring the defendant within 70 days. On appeal, the State argued that they were not required to bring the defendant to trial within 70 days because they were able to obtain a continuance in order to obtain “lab results.” The Court of Appeals rejected this as a basis for a continuance because at the time the State filed for a continuance, the State had not even sent a request to the state lab to obtain results. As such, the Court of Appeals found that the basis for a continuance was unfounded, and the defendant had his speedy trial right violated.

The right to a speedy trial is a technical right in that it requires a defendant to follow certain procedures in order to assert the same. A defendant who fails to follow the appropriate procedures may end up waiving their right without even knowing. Having skilled trial counsel is key to protecting yourself in a criminal proceeding to ensure all of your Constitutional rights are being protected and asserted. This blog post was written by attorneys at Dixon & Moseley, P.C. who handle criminal defense cases and appeals of criminal convictions throughout the state. This blog is written for educational purposes only. It is not intended as legal advice or a solicitation for services. It is an advertisement.

  • U.S. Const. amend. VI; Ind. Const. art. 1 § 12.
  • Cundiff v. State, 967 N.E.2d 1026 (Ind. 2012).
  • Jarvis Peele v. State of Indiana, 19A-CR-1160 (Ind. Ct. App. 2019).
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    Executive Summary Indiana is a “one-pot” property state when it comes to marital property. This means that almost all property owned by either spouse at the time of the dissolution is included. Common types of marital property include property acquired during the marriage, property owned before the marriage, inheritances and gifts, retirement accounts and pensions, businesses, and debts and liabilities.…

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    On Behalf of Dixon & Moseley, P.C. | Apr 15, 2026 | Uncategorized

    Executive Summary There are many differences and common misconceptions surrounding custody and parenting time. Custody, which is divided into legal custody and physical custody, deals with who has the authority to make major decisions about a child’s life and where the child primarily lives, respectively. Parenting time refers to the schedule of when each parent will physically spend time with…

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    Executive Summary Yes, custody can be modified in Indiana. Courts require a showing that modification of custody is in the best interests of the child and that there has been a substantial change in one or more statutory factors the court looks at when deciding custody. Some common examples of changes that warrant custody modification include a significant change in…

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    On Behalf of Dixon & Moseley, P.C. | Apr 7, 2026 | Uncategorized

    Executive Summary When parents separate or divorce, child custody is often the most emotional and contested issue. In Indiana, judges do not award custody based on gender, income alone, or who “deserves” it more. Instead, courts apply a legal standard known as the “best interests of the child.” Courts consider 8 statutory factors to determine what custody arrangement is in…

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    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Executive Summary The short answer is no, Indiana is not a 50/50 divorce state, but it often starts out that way. Indiana does not require marital property to be divided equally in every divorce. Instead, Indiana follows the rule of equitable distribution, with a presumption that an equal division is fair unless evidence shows otherwise. The court looks at the…

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    On Behalf of Dixon & Moseley, P.C. | Apr 5, 2026 | Uncategorized

    Stepparent adoption grants the same legal rights and responsibilities to a stepparent that a biological parent would have. In addition to meeting the requirements associated with any form of adoption, the stepparent must be leally married to the custodial parent to adopt their stepchild. The non-custodial biological parent of the child must consent to the adoption absent specific legal grounds…

    How Divorce Works in Indiana: Step by Step (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Mar 24, 2026 | Uncategorized

    Executive Summary In order to divorce in Indiana, at least one spouse must meet the statutory residency requirement. There are numerous grounds recognized for divorce by Indiana courts, but the most common is irretrievable breakdown of the marriage. A spouse seeking a divorce must prepare a petition including information about any minor or dependent children they have, as well as…

    Indiana Guardianship Laws (2026): How to File, Costs, Types, and Alternatives

    On Behalf of Dixon & Moseley, P.C. | Mar 19, 2026 | Uncategorized

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    On Behalf of Dixon & Moseley, P.C. | Mar 17, 2026 | Uncategorized

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