Legal Question in Criminal Law in California

how long does a court have to deal with a misdemeanor charge

how long does a court have to deal with a misdemeanor charge


Asked on 12/12/08, 2:16 am

2 Answers from Attorneys

George Moschopoulos The Law Office of George Moschopoulos

Re: how long does a court have to deal with a misdemeanor charge

Generally, on a misdemeanor charge, if the defendant is in custody, trial has to commence within 30 days of arraignment. If out of custody, then usually 45 days. These periods of course can be extended if the defendant waives time meaning he waives his rights. Usually such waivers are only good for a certain amount of time after which the defendant can either waive time again or enforce his speedy trial rights.

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Answered on 12/13/08, 3:27 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: how long does a court have to deal with a misdemeanor charge

The defendant has the right to a speedy trial and has specific rights such as the statute of limitations, that limits how long after a crime charges can be filed; and various time limits after arraignment and before trial. Unreasonable delays at any point in the proceedings can be cause for dismissal even in the absence of a specific time limit. Consult an attorney for more information.

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Answered on 12/12/08, 2:29 am


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