Skip to main content

6th Amendment Speedy trial 45 plus10-does it apply to dui jury trial?

Riverside, CA |

I was arrested on Feb 26th 2012, does this mean i must have my trial completed and sentenced by june 4th and latest June 14th? or it must be dismissed? I had arraignment april 19th with a not guilty plea, and next court is Thursday May 3rd with public defender.. If they try and offer later date, do i just say no under 6th amendment ?

Attorney Answers 4


No - you are mixing up dates and times and legal things. Time starts to run from your arraignment. If you pled not guilty and did not waive time, then it begins from that date. You say 45 days, so I assume you were charged with a misdemeanor. Your trial must "start" within the statutory period - it doesn't have to finish within that time, however. Follow what your attorney tells you - he/she is well versed in the law and local rules.

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

Mark as helpful

15 lawyers agree


In addition to what the other attorney said, every time your case is continued the time starts over if you have "waived" time.

As far as what to say, YOU shouldn't say anything. That should only be your public defender. If you have questions about your case, you should feel comfortable asking them. If you don't, or you don't trust them, maybe you should consider finding a way to hire a private attorney you trust.

Any information provided through in response to a question is not, and cannot be considered a formation of any Attorney-Client relationship. Questioner understands that the nature of this system allows only for a cursory review of case information, and more detailed information should not be divulged in this public forum. As such, Questioner is recommended to contact an Attorney in order to discuss the full details of their case and a more specific advisement of potential rights and liabilities.

Mark as helpful

10 lawyers agree


It may or may not be in your interest to force the trial to be heard within the statutory period. Often, the defense will need more time to adequately prepare the case for trial. It will depend on the availability of the state's witnesses (cops) and your lawyer's readiness to undermine the government's evidence. You should wait until the appropriate time to make a final decision.

Mark as helpful

13 lawyers agree


In most jurisdictions the courts screw people out of their speedy trial rights. There is a statutory right to a speedy trial in California. In essence it says that a person has a right to a trial within 45 days of an arraignment for a misdemeanor IF that person appears OUT of custody for that arraignment.

One of two things likely happened her. (1) You waived time (whether you knew it or not) until the next date of May 3 to be with the public defender. or (2) Your case was continued for FURTHER ARRAIGNMENT. If it was cont for further arraignment then the time on the 45 days has not started ticking yet.

When you come to court on the 3rd of May you can WITHDRAW the time waiver if any was given and proceed TIME NOT WAIVED

Now....95% of people benefit from waiving time. But 5% are hurt by waiving time. [Those are must my numbers from my experience.]

What does this mean? You should take the advice of your lawyer on whether to waive time or not. Ask the lawyer which would be more beneficial to you.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Mark as helpful

11 lawyers agree




so it is better to NOT go for a speedy trial/



gosh so much info to absorb. thanks will try and make sence of this tomorrow. I don't have lawyer, a pd. i heard too that they want to only plea... waive time, i dont recall that. where are you located/

Tai Christopher Bogan

Tai Christopher Bogan


I am located 90 minutes outside San Francisco.

Criminal defense topics

Recommended articles about Criminal defense

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics