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

Asked over 1 year ago - Murrieta, CA

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

Attorney answers (5)

  1. Greg Hagopian

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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.

  2. Jeffrey George Moore

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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.... more
  3. Antoinette Cara Liewen

    Contributor Level 15

    3

    Lawyers agree

    Answered . 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... more
  4. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  5. Jay Scott Finnecy

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . He probably did...

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

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