(an appellate court weighs the following four factors to determine if there is a Sixth Amendment speedy trial violation: (1) the length of the delay; (2) the reasons for the delay; (3) the accused's demand for a speedy trial; and (4) the prejudice to the accused).

In general, the speedy trial guarantee means that the accused must be brought to trial or released within a reasonable amount of time. The government is not legally permitted to lock people up indefinitely without trying them.

The Basics of Speedy Trial Rights In California, the statutory framework sets specific time frames for when a trial must commence. For misdemeanants in custody, the law mandates a trial within 30 days from arraignment. For those out of custody, the timeline extends to 45 days.

One exception to the defendant's right to a speedy trial occurs when the suspect requests delays, thereby waiving that right. Additionally, unforeseen circumstances, such as natural disasters affecting court proceedings, can also contribute to delays.

Opting for a speedy trial can backfire if it means your defense team has insufficient time to build a strong case. Important defense tactics, such as gathering evidence, consulting with experts, or negotiating plea deals, cannot be rushed.

The most common reason for waiving speedy trial is to give the defense more time to prepare their case. If a defendant is facing serious time if convicted, taking the time to let your attorney be prepared as possible can very well be worth a couple of more months in jail.

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In California, you have a right to a trial for a misdemeanor case within 45 days after being charged if you are not in custody and 30 days if in custody. California Penal Code § 1382 requires a speedy trial within 60 days of being charged with a felony.A Serna motion is a pretrial motion to dismiss criminal charges because you were denied the constitutional right to a speedy prosecution or trial. (1) When a person has been held to answer for a public offense and an information is not filed against that person within 15 days. The Wingo standard requires that any delay in your trial must be unreasonable and prejudicial in order for you to demand a speedy trial. If the respondent is not detained pending trial, counsel will ordinarily not want to advance the date of pretrial hearings or the trial.

Speedy Trial Without Demand In California

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