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Criminal Law

: Southern California Criminal Defense Blog

To waive, or not to waive time, that is the question!

By Walin & Klarich

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In criminal proceedings, a person charged with a crime has a right to a speedy trial. For those charged with California misdemeanors, that means you have a right to a speedy trial within 45 days, if you are not in jail, or 30 days if you are in custody. In felony matters, this means you have the right to a speedy trial within 60 days. Now in many cases, your attorney will need this much time, if not more, to gather evidence, discuss your case thoroughly with the prosecution and be sure they can provide you with the best possible defense. In some instances, this may require that you agree to continue your case and ?waive? your right to a speedy trial within 60 days. Each case is different and some situations may warrant a refusal to waive time, and exercise your rights to a speedy trial...continue to full post

Full post as published by Southern California Criminal Defense Blog on April 07, 2008 (boomark / email).

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