How long after arraignment is trial confirmation?

Asked almost 2 years ago - Fresno, CA

My brother will have his arraignment on the 14th of this month. How long after would the trial confirmation be?

Attorney answers (5)

  1. Amy Katherine Guerra

    Contributor Level 12

    7

    Lawyers agree

    Answered . It depends on a lot factors. If he doesn't waive time at all- within a few months. If he waives time to allow his attorney to prepare, or to investigate his case, etc.- much longer. It takes time to properly represent a client; some times it takes much longer than anyone expects. There are even factors out of our control (courtroom unavailability, defense witness issues, etc.) which occasionally impact things. Good luck.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney... more
  2. Seth Andrew Weinstein

    Contributor Level 15

    6

    Lawyers agree

    Answered . If it is a misdemeanor offense, he must have his trial within 45 calendar days of arraignment. If it is a felony offense, he must have his Preliminary Hearing within 10 court days (excludes weekends/holidays). After that, arraignment will occur within 2 weeks. From there, he must have his trial within 60 calendar days.

    That being said, a lot of time, attorneys ask clients to "waive time" and extend the speedy trial right to better prepare a case.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  3. Michael Joseph Aed

    Contributor Level 8

    3

    Lawyers agree

    Answered . Misdemeanor and in custody, trial required within 30 days. Misdemeanor and out of custody, trial required within 45 days. Felony cases make no distinction between in and out of custody. Generally, the fastest you can get to trial on a felony case is about 90 days (preliminary hearing and trial included)

  4. Richard Timothy Jones

    Contributor Level 17

    4

    Lawyers agree

    Answered . It is not uncommon for a defense attorney to waive minimum times in order to better prepare. My experience has been that for clients not in jail the longer the case takes the better it is for the defense.
    www.austincriminaldefenseattorney.com
    Austin Jail Release and Bond Assistance
    512-495-1813

    My answers are intended only as general legal advice and are not intended to create an attorney-client... more
  5. Lars Shallberg

    Contributor Level 3

    Answered . One of the decisions to be made at the time of arraignment is whether or not to exercise one's right to a speedy trial, that is to "demand" a speedy trial of preliminary hearing/trial in a felony case. In a misdemeanor case, an accused must be brought to trial within 30 days if in custody and within 45 days if out of custody IF that person has not "waived" his or her right to a "speedy trial". If the Def. chooses to waived time, that will allow both the defendant and his/her attorney a great deal more flexibility in determining future court dates including trial.

Related Topics

Criminal defense

Criminal law establishes the classifications of crimes, how guilt or innocence is determined, and the types of punishment or rehabilitation that may be imposed.

Felony crime

A felony is a crime that is punishable by more than one year in prison. Certain especially severe felonies may be punishable by the death sentence.

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