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Everyone has the right to a speedy trial, but in California, with a misdemeanor charge that is defined as within 45 calendar days from the day they were arraigned if they're not in custody, or 30 days if they are in custody. However, most people waive their right to a speedy trial, in order to mount a good defense.
In terms of a trial date, the U.S. Constitution and the constitution of individual states guarantee defendants the right to a speedy trial. For felony cases, this means defendants have the right to have a case be brought to trial within 60 days after the date of the arraignment.
If the defendant enters a not guilty plea, the judge will set a trial date. If the defendant enters a guilty plea or declares no contest to the charges, the judge will set a date to sentence the defendant for the crime.
Defense attorneys sometimes want independent analysis of scientific evidence to dispute findings by prosecution witnesses. These type of issues take time to investigate and resolve and judges generally authorize the delays.Serious illness by witnesses or attorneys can also delay a trial.
A Trial Setting is simply just a time when the judge sets your case for trial. Sometimes the Judge will ask how long a case would take and then puts it in the appropriate date etc.
If you are not being held in custody, the court must set trial within 45 days following your arraignment or plea. You are permitted to waive the right to a speedy trial in order to allow additional time for your attorney to prepare your defense.
A: A setting is typically an appointment for an attorney to call the court and set a future court date.
You will get a trial date when you have a hearing called a Trial Setting Conference. The judge wants everyone who will be trying the case to be at the hearing. This means your lawyer, if you have one.After you get trial date, get ready to go to trial on that date.
Typically, a motion setting means that someone, either the defense or prosecution, has requested that the case be set to hear motions. They may or may not have filed any motions.
WHAT HAPPENS WHEN THE CASE IS SET FOR TRIAL? Once a felony case is set for trial the Federal Criminal Lawyer for the accused requests Discovery. This means that the prosecution will provide evidence to the accuser's attorney for review.