Speedy trial rights – 10 day trailing period

What are the rules for a speedy trial in California?

 

There are actually a couple of different speedy trial rules.

The first question is whether you are charged with a felony or a misdemeanor. If it is a misdemeanor, you have a right to a trial within 30 days of your arraignment (initial not guilty plea) if you were in custody at the time of arraignment or 45 days if you was out of custody. Those time frames apply based on whether you were in custody at the time of the arraignment, even if you later bailed out or were taken into custody for some reason.

If you were charged with a felony, you had a preliminary hearing first, then were arraigned on the information (the charging document filed after prelim). You then have a right to a trial within 60 calendar days of the arraignment on the information.

For either a felony or misdemeanor, if you waived your right to a trial within those time frames, you then have a new trial date set on a specific date. The trial must begin on that day or within 10 days after. The day trial is set is “day zero” and the next day is “day one”, etc.

If the prosecutor is unable to proceed to trial in the appropriate time frames, the case will be dismissed. There are a few exceptions for an additional trailing period for a very few types of cases.

That’s the 10 day rule in a nutshell.

 

To discuss your Orange County criminal case, give me a call or send an email.

Joe Dane, Orange County Defense Attorney

info@joedane.com

714.532.3600

 

For more information, see the following posts:

What happens at your first court date (arraignment)?

What is a preliminary hearing?

What are the stages of a felony case?

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