Skip to main content

My uncle did not waive his rights too a speedy trial. Was arraigned in August of 2012 can this case be dismissed?

Murrieta, CA |

Was arraigned in Aug. 2012 it's now Aug. 2013. This is a misdemeanor case....

Attorney Answers 5

Posted

If you are correct, Maybe.I fear you almost certainly not correct. Two things should be considered: 1. An Attorney can waive time on behalf of a misdemeanor client. 2. The defendant agreeing to dates beyond the statutory period is considered a waiver of time.

If you are correct and time really has not been waived the court would need to find good cause for the delay. Good cause may include the unavailability of a witness who will become available at a layer date. Court congestion is NOT good cause and don't let anyone tell you otherwise.

This, like many questions asked here is a complex question that is dependent on facts not presented.

Mark as helpful

5 lawyers agree

Posted

Well, he probably either did waive his rights or you're using the wrong terms here. The situations where a misdemeanor case can be continued beyond the 30/45 day speedy trial rights over objection are pretty limited. A year is way beyond any such continuance I've ever heard of. Your uncle needs to discuss the situation with his attorney.

Any statements I make in these forums (fora?) should not be taken as direct legal advice, merely informed guidance. This is true due to the anonymous nature of this venue, and the incomplete information which is invariably provided by the questions. It is imperative that you consult directly with an attorney regarding your specific situation before acting on or relying on anything represented here. Period.

Mark as helpful

3 lawyers agree

Posted

You are probably not correct since no court will set court appearances in the future without a time waiver. And, should the court forget, the court clerk and the DA will voice reminders.

DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising. Liewen Law is fully compliant with every State and Federal Law, including California SB 94 and the related Civil Code Sections, as well as the FTC Mortgage Assistance Relief Services (MARS) Final Rule. Liewen Law is a debt relief agency helping consumers file for bankruptcy relief under the United States Bankruptcy Code. Liewen Law maintains this website for marketing and informational purposes only. None of the information or materials on this site is legal advice. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. Said information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While we make every effort to keep this site accurate and up to date, we do not guarantee its accuracy and are not responsible for inaccuracies, errors, or omissions.

Mark as helpful

3 lawyers agree

Posted

If no waiver exists, then yes. But it is very uncommon for the court to continue without the waiver. Good luck.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

Mark as helpful

3 lawyers agree

Posted

He probably did...

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com

Mark as helpful

2 lawyers agree