Michigan Compiled Laws
Mich. Comp. Laws § 768.1 (2026)
Speedy trial; right of parties; duty of public officers.
✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
768.1 Speedy trial; right of parties; duty of public officers.
Sec. 1.
The people of this state and persons charged with crime are entitled to and shall have a speedy trial and determination of all prosecutions and it is hereby made the duty of all public officers having duties to perform in any criminal case, to bring such case to a final determination without delay except as may be necessary to secure to the accused a fair and impartial trial.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17294 ;-- CL 1948, 768.1
Notes of Decisions
Cited in 117
cases (50 in the last 5 years), 1964–2026 · leading case: People v. Lown, 794 N.W.2d 9 (Mich. 2011).
People v. Lown, 794 N.W.2d 9 (Mich. 2011). “US Const, Am VI; Const 1963, art 1, § 20; MCL 768.1; MCR 6.004(A). This issue is not currently before us.”
People v. Smith, 870 N.W.2d 299 (Mich. 2015). “”) (quotation marks and citation omitted). 12 US Const, Am VI; see also Const 1963, art 1, § 20 (“In every criminal prosecution, the accused shall have the right to a speedy and public trial .”
People v. Cain, 605 N.W.2d 28 (Mich. Ct. App. 2000). “US Const, Am VI; Const 1963, art 1, § 20; MCL 768.1; MSA 28.1024. This right ensures that a guilty verdict results only from a valid foundation in fact.”
People v. Waclawski, 780 N.W.2d 321 (Mich. Ct. App. 2009). “US Const, Am VI; Const 1963, art 1, § 20; see also MCL 768.1; MCR 6.004(A). In determining whether a defendant has been denied this right, this Court applies a four-part balancing test.”
People v. McLaughlin, 672 N.W.2d 860 (Mich. Ct. App. 2003). “US Const, Am VI; Const 1963, art 1, § 20; MCL 768.1; People v Cain, 238 Mich App 95, 111 ; 605 NW2d 28 (1999).”
People v. Smith, 378 N.W.2d 384 (Mich. 1985). “, at trial, MCL 768.1 et seq.; MSA 28.1024 et seq., and at judgment and sentencing, MCL 769.”
People v. Johnson, 398 N.W.2d 219 (Mich. 1986). “984 provides: "The following forms may be used in the cases in which they are applicable but any other forms authorized by this or any other law of this state may also be used.”
People v. Rivera, 835 N.W.2d 464 (Mich. Ct. App. 2013). “The right to a speedy trial is codified at MCL 768.1, which provides that “persons charged with crime are entitled to and shall have a speedy trial” and that the case be brought to “a final determination without delay except as may be necessary to secure to the accused a fair…”
People v. Smith, 475 N.W.2d 333 (Mich. 1991). “MCL 768.1; MSA 28.1024. [4] Although United States v Gaertner, 583 F2d 308 (CA 7, 1988), also analyzed this issue, that court simply reiterated the reasoning in O'Donnell.”
People v. Metzler, 484 N.W.2d 695 (Mich. Ct. App. 1992). “II We also find to be without merit defendant's argument that he was denied a speedy trial as guaranteed by the federal and state constitutions, *546 US Const, Am VI; Const 1963, art 1, § 20, and also by MCL 768.1; MSA 28.1024. In determining whether a defendant was denied a…”
People v. Holtzer, 660 N.W.2d 405 (Mich. Ct. App. 2003). “US Const, Ams VI and XIV; Const 1963, art 1, § 20; MCL 768.1; MSA 28.1024. See also MCR 6.004(A).”
People v. Bulger, 614 N.W.2d 103 (Mich. 2000). “ting a vehicle while under influence of alcohol predicate offenses, claims (including constitutional claims) relating to the defendant’s factual guilt and the prosecution’s ability to prove the case, claims of error in juvenile waiver proceedings, speedy trial claims (if the…”
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