This is a multi-state form covering the subject matter of the title.
Speedy Trial Without Demand In Contra Costa
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State:
Multi-State
County:
Contra Costa
Control #:
US-000291
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While the right to a speedy trial is guaranteed in the United States Constitution, it may be in the best interest of a defendant to waive that right. In many cases, the defense needs additional time to prepare their case so that the defendant has the best defense possible.
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.
SB 453, as introduced, Seyarto. Criminal procedure: speedy trial. Existing law requires that a defendant be brought to trial within 60 days of arraignment on an indictment or information in a felony case, or within 30 or 45 days of arraignment or entry of plea in a misdemeanor case, as specified.
(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).
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.
SPEEDY TRIAL ISSUES Delays in law enforcement disclosures of evidence to prosecutors lead to delays in disclosure to the defense and the need for continuances; Backlogs in state laboratories delay completion of key forensic testing;
Note that there are exceptions that allow a trial to take place after the time periods set forth in this statute. For example, a trial may get lawfully postponed if: you consent to or request a later date, or. there is a “showing of good cause.”
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be ...
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You have the right to a speedy trial within 45 days of submitting your request for a trial. This will permit you to have your trial without making a.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. A lawsuit against San Francisco Superior Court over its failure to provide speedy trials is in the hands of California's Supreme Court. Stanley waived his statutory right to a speedy trial until that date. In some instances, then, a speedy trial violation could be found without any inquiry into casespecific circumstances. California Penal Code § 1382 requires a speedy trial within 60 days of being charged with a felony. Discovery motions must be heard on or before the 15th day before the date initially set for the trial of the action. THE SUPERIOR COURT OF CONTRA COSTA COUNTY,. Respondent;. Simple Things Attorneys Can Do to Speed Up the Process.