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
This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.
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 client relationship. The information provided here should not be relied upon and is not a substitute for legal advice received by an attorney that you have retained for your specific case. If you are actually involved in a case pending in court and you have an attorney, you should speak to your attorney and follow his/her advice. The information provided here is for general purposes only.
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.
Austin Jail Release and Bond Assistance
My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com
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)
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.