The following excerpt is from Belardo v. Holland, No. 2:16-cv-0985 AC P (E.D. Cal. 2017):
23. Once a person becomes "accused," the more stringent requirements of the Sixth Amendment speedy trial right apply. One becomes "accused" when there is "either a formal indictment or information or else the actual restraints imposed by arrest and holding to answer a criminal charge." United States v. Marion, 404 U.S. 307, 320 (1971). At this stage, although standards are still imprecise, the courts have been more willing to find delay to be constitutionally impermissible. See, e.g., Doggett v. United States, 505 U.S. 647, 648-58 (1992) (finding that eight-and-a-half year delay between formal indictment and arrest and trial violated Sixth Amendment right to speedy trial).
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