• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

O'Brien Law Boston

  • Home
  • Criminal Defense
  • DUI
  • Drug
  • Attorneys
  • Contact
  • (617) 512-0939

Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice?

DECEMBER 23, 2013

On December 5, 2013, the Massachusetts Supreme Judicial Court (SJC) heard oral arguments in Commonwealth v. Taylor, a criminal case that seeks a balance between a defendant’s right to a speedy trial and his right to receive “automatic discovery” from the prosecution.

In addition to a criminal defendant’s right to a speedy trial under the Sixth Amendment to the United States Constitution, Massachusetts Rules of Criminal Procedure Rule 36 provides that a criminal defendant must be brought to trial within twelve months of the date of his arraignment. Under the rule, some specific periods are excludable from the total calculation of the twelve months. If this right is violated, then the defendant is entitled to a dismissal of the criminal charges against him in the case.

The Massachusetts rules also require that the prosecution automatically turn over to defense counsel certain items and information that are relevant and material to the prosecution’s case or to the defendant’s potential defenses. Such information and items include witness statements, statements by the defendant, and other evidence collected by the prosecution in connection with the charges against the defendant.

In Taylor, the defendant was arraigned on murder charges in Suffolk Superior Court in August 2006. By the fall of 2006, the prosecution still had not turned over critical evidence that fell within the mandatory automatic discovery provisions of the Massachusetts rules. That evidence included a recording of the police interrogation of the defendant and statements by a chief witness (who the defendant claimed was actually responsible for the alleged murder), as well as seventeen audio recordings of police interviews conducted in May 2006 and the audio and transcripts of eleven witnesses who testified before a grand jury. Although the court ordered the prosecutor to produce the missing automatic discovery items, the prosecutor did not timely do so, and requested additional time. Defense counsel made clear to the prosecution and the court that, notwithstanding the prosecution’s request for more time to comply with its mandatory discovery obligations, the defendant was not waiving his right to a speedy trial. The court granted the prosecution additional time, but noted that “Rule 36 will not be waived from this date until the time of compliance.”

Filed Under: speedy trial

Primary Sidebar

Contact Attorney O’Brien

617 512-0939

fob@obrienlawboston.com

O’Brien Law Boston, P.C.

Boston Office
Suite 602
10 Tremont St
Boston, MA 02108

Hingham Office
738 Main Street
Hingham, MA 02043

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

BOSTON CRIMINAL DEFENSE LAWYER VIDEO

https://youtu.be/Hf-R3xR7TR8

Footer

Criminal Defense Lawyer

To speak with a highly experienced Boston criminal lawyer, contact us online or telephone Francis T. O’Brien, Jr. at O’Brien Law Boston twenty four hours, seven days a week, toll free at 617-512-0939. As a member of the Massachusetts and Florida state bars and the federal bar in Massachusetts, Mr. O’Brien has also represented clients on criminal, state and federal matters in more than twenty states.

  • Our Criminal Defense Blog
  • Criminal Cases We Handle
  • Criminal Trial Reports
  • Boston Criminal Lawyer Clerk’s Hearing Reports
  • Boston Criminal Lawyer News
  • Criminal Defense Resources
  • Boston Criminal Lawyer Video

OUR PRACTICE AREAS

  • Assault
  • Burglary
  • DUI
  • OUI
  • Drug Possession
  • Drug Trafficking
  • Clerk’s Hearings
  • Restraining Orders

CONTACT US

617 512-0939
fob@obrienlawboston.com

    OUR OFFICES

    Boston Office
    Suite 602
    10 Tremont St
    Boston, MA 02108



    Hingham Office
    738 Main Street
    Hingham, MA 02043

    Recent Posts

    • New DUI / Drunk Driving Laws May Be Coming in State Budget
    • Criminal Defense Lawyer Covid 19 / Coronavirus Policy Page
    • Ineffective Assistance of Counsel May Be Grounds for Withdrawal of Guilty Plea
    • Massachusetts High Court Strikes Down Mandatory Sentence of Life Without Parole For Juveniles
    • Speedy Trial: A Guaranteed Right Or An “Either/Or” Choice?

    Copyright © 2025 · O'Brien Law Boston, P.C. Attorney Francis T. O’Brien Jr. brings over thirty years of criminal defense experience in the field, and is one of the most well respected Boston criminal lawyers currently practicing today.