Right to a Speedy Trial Michigan
A defendant has the right to a speedy trial under both the federal and Michigan constitutions. U.S. Const, Am VI; Const 1963, art 1, 20. Michigan also enforces the right to a speedy trial by statute. MCL 768.1; MSA 28.1024.
In People v. Cain, 238 Mich App 95, 111; 605 NW2d 28 (1999), the Court outlined the four-part balancing test used to determine if a pretrial delay violated a defendant's right to a speedy trial:
"(1) the length of the delay;
(2) the reasons for the delay;
(3) the defendant's assertion of the right;
(4) prejudice to the defendant." Cain, supra, at 112, citing People v. Williams, 163 Mich App 744, 755; 415 NW2d 301 (1987).
This fourth element, prejudice, is critical to the analysis. a delay that is under eighteen months requires a defendant to prove that the defendant suffered prejudice. People v. Taylor, 110 Mich App 823, 828-829; 314 NW2d 498 (1981).
However, a delay of eighteen months or more . . . is presumed prejudicial and places a burden on the prosecutor to rebut that presumption. People v. Simpson, 207 Mich App 560, 563; 526 NW2d 33 (1994). Id.