The Sixth Amendment to the United States Constitution and Article I, § 18 of the North Carolina Constitution guarantee a defendant a speedy trial. A defendant’s speedy trial right attaches upon arrest, indictment, or other formal accusation.

Determining whether a defendant’s constitutional right to a speedy trial has been violated involves balancing four factors: the length of the delay, the reason for the delay, prejudice to the defendant, and whether the defendant has demanded the right to a speedy trial. See Barker v. Wingo, 407 U.S. 514 (1972).

The speedy trial right differs from the due process right to a timely prosecution in two important ways. First, defendants claiming that their right to a speedy trial has been denied do not have to prove that their ability to defend against the charge was impaired by delay. Prejudice for speedy trial purposes may be shown by oppressive pre-trial incarceration, emotional or financial strain, damage to reputation, loss of employment, or other negative social consequences. Second, a defendant claiming a speedy trial violation need not show that the delay was intentional, strategic, or the result of gross negligence. The reason for the delay is but one factor in a speedy trial analysis, and ordinary negligence will support a speedy trial claim.