Would an attorney please help me to understand how the right to a speedy trial works in an out of custody misdemeanor case.

Asked over 3 years ago - Los Angeles, CA

I understand that PC 1382 is the law applicable to the right to a speedy trial in a misdemeanor case. However, I do not understand just how the courts apply this law.

Q-1 It is my understanding regarding speedy trial under PC 1382 is that the speedy trial clock can start and stop, and then start and stop again. Is this correct?
Q-2 What is considered by the courts to be a general waiver of time?
Q-3 When a court asks a defendant if he waives time to the next court appearance does this mean that the defendant is relinquishing his right to speedy trial?
Q-4 (continuation of Q-3) …or, does it simply mean that the 45 day speedy trial clock is stopped until

Additional information

time of the next court appearance?
Q-5 Is a judge required to ask at the defendant at the time the defendant makes a request for a continuance in his case if the defendant waives time?
Q-6 (continuation of Q-5) …or, is such a request an ”implied” waiver of time?
Q-7 If at a discovery hearing the judge vacates an upcoming scheduled pretrial date, and resets the pretrial for a later date to accommodate the prosecutor’s request for additional time to produce discovery, is the judge required to ask the defendant if the defendant agrees to waive time?

Color me greatly confused on the matter of speedy trial. Your assistance in helping to enlighten me on this subject is greatly appreciated!

Attorney answers (2)

  1. C. Logan McKechnie

    Contributor Level 13

    Answered . 1. Yes, the clock can start and stop. If you waive your right to a speedy trial, you can withdraw that waive. Withdrawal starts the clock over.....even if the first waiver came on the 44th day. Once the waiver is pulled, a new 45 day time period starts.

    2. When you are asked if you waive time, that becoems a general waiver.

    3. Unless you state you are specially waiving time to a specific day, that is a general time waiver that must be pulled to start the clock again.

    Bottom line. There is a 45 day period unless you give a waiver or the court finds "good cause"--a finding that can be appealed. Giving dealines for the production of discovery and the court extending that period has NOTHING to do with the speedy trial and time waiver issues.

  2. Brian Russell Michaels

    Pro

    Contributor Level 16

    Answered . Really great question. Im going to respond to it, but a proper analysis will take a minute.

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