QUESTION
Is there a law where an accused can get out of a case if the trial keeps being postponed?
Asked on Mar 21st, 2013 on Criminal Law - California
More details to this question:
My ex has been in jail for over a year for a domestic violence charge that escalated to attempted murder. However, the courts have been putting off the case for several months, either the public defender is ready or the district attorney isn’t ready. I am the victim and have been having to go to court every month with nothing happening in court for over 6 months. How long can this continue. Isn’t there a law where he can get out if the case gets being pushed out? I am in California.
5 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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There is no such law. As long as the defendant agrees to waive time, the case can drag on for as long as the judge permits.
Answered on Mar 25th, 2013 at 1:52 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Is there a law? No, there are procedure rules about time limits, but he can and has waived them each time the case was continued. It can go on forever as long as he keeps waiving time.
Answered on Mar 25th, 2013 at 1:30 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If he does not waive time he must be tried within 60 days of his arraignment in upper superior court. If he has waived time, the case could go on for a long time. If he wants a fast trial on the next trial date he can revoke his time waiver and the trial must start within 10 days. It sounds like he is not in a hurry for his trial.
Answered on Mar 22nd, 2013 at 12:25 PM
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Yes, every criminal case in California has a certain statutory time limit as to when it must start a trial. If that time limit is exceeded, the charges must be dismissed. The exception to this, however, is when the defendant, prosecutor and judge all agree to "waive" the time limits. So, a case can go on indefinitely, if the three agree to that. Which is probably happening in your case.
Answered on Mar 22nd, 2013 at 12:07 PM
A defendant has the right to a speedy trial. However, the defendant can waive his right and have his case continued. With a misdemeanor, the Judge will normally want the case to conclude within a year. With something like attempted murder most Judges will let the case go two years with continues for good cause.
Answered on Mar 22nd, 2013 at 12:07 PM