ACLJ Seeks Dismissal of Criminal Charges for Helping To Spread the Gospel – After Two-Year Wait

The ACLJ has filed a motion asking a North Carolina court to dismiss the criminal charges against our client, Carter Phillips, after the Gaston County District Attorney’s Office allowed his case to remain unresolved for more than 20 months without a trial. As our motion explains, more than 620 days have passed since Carter was first charged, yet he still has no trial date, with no resolution in sight.

As we previously explained, Carter and his wife, Bethany, found themselves facing criminal charges after an encounter with law enforcement while supporting Bethany’s father as he carried a wooden cross to draw attention to the Christian faith. What began as a simple misdemeanor prosecution eventually led to Carter being re-arrested and forced to continue defending himself against charges the government has shown little urgency to bring to trial.

But today, the most pressing constitutional problem may no longer be the original arrest. It is the government’s ongoing failure to bring this case to a conclusion.

The Sixth Amendment guarantees every American the right to a speedy trial. That protection exists because government delay can become a form of punishment all on its own.

For nearly two years, Carter has lived under unresolved criminal charges. He has been arrested twice, required to appear in court multiple times, and forced to carry the burden and uncertainty of a pending prosecution. Yet despite the passage of more than 20 months, the case remains unresolved.

This should concern every Christian.

Increasingly, Christians find themselves in conflict with government officials over matters of conscience, religious expression, parental rights, and the exercise of basic constitutional freedoms. Whether the issue involves a pastor, parent, pro-life advocate, or ordinary believer, constitutional rights mean little if government officials can drag out proceedings for years without ever proving their case.

That is precisely why the Constitution guarantees a speedy trial. The Framers understood that the government need not obtain a conviction to inflict harm. The process itself can become the punishment.

When criminal charges remain pending indefinitely, citizens bear real costs. Families face uncertainty. Financial resources are drained. Reputations suffer. Anxiety grows. Witness memories fade. Evidence becomes more difficult to develop and present. Even if a defendant is ultimately vindicated, years of unnecessary litigation cannot be restored.

The delay here is especially troubling because this is not a complex prosecution. The basic events were recorded on body-worn cameras, and the principal disputes involve legal questions that could have been resolved long ago. Yet Carter remains in legal limbo while the case sits without a trial date.

Our Constitution demands better. The right to a speedy trial is not a technicality. It is one of the fundamental protections that prevents the government from using the criminal justice system as a weapon against its citizens.

The ACLJ is seeking dismissal because constitutional guarantees must have real consequences when violated. If government officials can leave a citizen under criminal accusation year after year without bringing him to trial, then the right to a speedy trial becomes little more than words on paper.

We will continue fighting for Carter Phillips and for the constitutional freedoms that protect not only him, but every American who stands up for their rights. Take action with us. Sign our petition: Defeat the Left’s War Against Christians.