If your defense lawyer waived your right to a speedy trial without your consent can you get it reversed?

Asked over 2 years ago - Visalia, CA

my fiance is in jail awaiting 3 trials and didn't want to waive e has already been there 5 months. His public defender couldn't be in court last week so another pd filled in and waived his rights without his consent or even discussing it with him and his appointed pd said there's nothing they can do about it now since the judge ruled on it already.

Attorney answers (4)

  1. Chris J Feasel

    Contributor Level 17

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    Answered . Generally, speedy trial rights are individual rights of an accused. However, there are certain very fact specific circumstances where a trial can be continued over a defendant's objection and beyond the speedy trial period. It sounds like this situation might be one of those. Contact the attorney and ask him. If nothing else, you may have an appellate issue later.

    Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated... more
  2. Amy Katherine Guerra

    Contributor Level 12

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    Answered . There are some circumstances where the judge may grant a continuance, even over the defendant's objection... although the attorney must demonstrate good cause (like unavailability due to preplanned vacation or illness). If your fiancé is concerned about his time waiver, he should speak with his attorney and/or address it with the court.

    Please don't forget to choose the "best" or most "helpful" answer. This response does not create an attorney... more
  3. Michael James Kennedy

    Pro

    Contributor Level 12

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    Answered . Statutory speedy trial can be waived by counsel, even over defendant's objection; constitutional speedy trial cannot. If you disagree with the direction your attorney is taking the case and you feel you are not being competently represented, file a Marsden motion and seek appointment of new counsel [or hire your own].

  4. Ryan James Tegnelia

    Contributor Level 9

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    Answered . It is possible for the Court to grant a continuance even over the defense's objection. However, your fiance's time waiver can be withdrawn later if he wishes to speed things up. You should contact his lawyer and ask why the court date was moved and whether or not withdrawing the time waiver is both possible and in your fiance's interests.

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