I beat a welfare fraud case because the DA witness was in the hospital, so the charges were dropped and now they picked the charges back up. I already got time waived and now I'm set to attend a pre-prem..in about 3 weeks. My question is can I ask for a speedy trial at the pre-prelem..and what are my chances of winning when the evidence is basic heresy? I was said to not have been reporting my children out the home while receiving welfare.
I would assume that you have a PD assigned to your case. You should discuss this with him/her.
If the evidence is heresy, then I doubt you have anything to worry about. If the evidence is hearsay, then you need to speak with your attorney. I would tend to think that the prosecutor has not told you all of the evidence that it has against you. The prosecutor can also continue to build its case against you up to trial, so I wouldn't write this one off yet. As far as asking for a speedy trial, the time to do that is at the arraignment - not at the preliminary hearing. You're attorney the person you need to be speaking with.
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No one can evaluate your chances of winning except your attorney. As to time waivers some judges will let you pull them before the preliminary hearing; others will not. In any event you can reassert your speedy trial rights at your next arraignment and get a trial in 60 days.
You have two separate "speedy rights." First, is the right to a speedy preliminary hearing, which is within 10 court days from arraignment. If you waive that right, then you will usually be asked to give an additional period of time beyond the next date set in which to get you to a preliminary hearing.
The right to a "speedy trial" is within 60 days of arraignment in Superior Court (now all California courts are Superior Courts), and that arraignment is on the Information, which is the charging document, or new criminal complaint, following a preliminary hearing.
The right to a speedy trial can be waived, so if you are in a hurry, which usually does not benefit a defendant, the do not waive time at the time of arraignment on the Information.
Whether evidence is hearsay is one issue. Whether there is an exception to the hearsay rule, and there are many, is another issue. Hearsay is admissible in many instances.
By responding to this question I do not intend to create an attorney-client relationship. Instead, I am offering a general response to a question that has not fully set forth all of the facts of the case, and I have read nothing related to the case other than the question posted. Therefore, I will always recommend retaining legal counsel for competent representation.
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