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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....

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Attorney answers 5


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.


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.

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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.

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

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He probably did...

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