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California Motion for a Speedy Trial
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How to fill out Motion For A Speedy Trial?
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FAQ
The Sixth Amendment and various state laws guarantee a defendant's right to a speedy trial. Many defendants, particularly those who are waiting in jail, want to enforce this right. But lawyers frequently advise their clients to "waive time"?that is, to agree to the proceedings moving slower than state law provides.
Becker, 53 MJ 229 (test for violations of the Sixth Amendment right to a speedy trial includes four factors: (1) length of delay; (2) reasons for the delay; (3) appellant's demand for speedy trial; and (4) prejudice to appellant).
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. If charged with a felony crime, you have a right to have a trial within 60 days.
The Jordan framework provides a clear timeline with which to determine the unreasonableness of a delay. Under this framework, delay is presumed unreasonable after 18 months for cases tried in Provincial Court, or after 30 months for cases tried in superior courts, such as Queen's Bench in Alberta.
Also, the right to a speedy trial reduces the stress on defendants and allows the defense to gather and present evidence while it is still fresh. A witness may struggle to recall the events leading to the charges if several months or more pass before the trial.
A defendant cannot be forced to give up or ?waive? the right to a speedy trial. However, it may be in your (or your loved one's) best interest to do so if your attorney cannot locate a crucial witness or needs more time to complete a complex investigation or otherwise develop your defense.