Legal Question in Criminal Law in California

Is it true that you must be provided a preliminary hearing within 60 days of your arrest while being detained or the charges will be dismissed ? & if that is the case , my husband's had several "prelim hearings" they keep being continued , but this next court date on the 16th will be 60 days & he has been told by others that they must dismiss the charges if he does not have a preliminary hearing within 60 days. Also , they have yet to provide the recording they supposedly have for evidence to his lawyer & it's been 3 weeks . His lawyer filed a motion to compel at the last court date , it's been a week since that happened & after this week it will be court , how likely is it that they don't actually have a recording of his confession ? My aunt said they will not dismiss the charges because he is looking at 25-Life , PLEASE help me understand what is going on ..

Asked on 9/10/13, 1:23 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro
0 users found helpful
0 attorneys agreed

If your husband has not waived ttme, with a few exceptions, the preliinary exam must commense within 10 court days of the date of arraignment and must be completed within 60 days of the arraignment. Whether r it is a possible life sentence or not is not relevant.

Read more
Answered on 9/11/13, 12:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman
0 users found helpful
0 attorneys agreed

I agree with Mr. Shapiro. Many defendants waive their speedy-trial rights so that their lawyers will have more time to prepare for trial and/or negotiate a plea deal. Your question does not say whether your husband waived these rights. Without that crucial information, it's hard to say what will or should happen.

Read more
Answered on 9/11/13, 12:41 pm

Related Questions & Answers

More Criminal Law questions and answers in California

Looking for something else?

Get Free Legal Advice

88953 active attorneys ready to answer your legal questions today.

Find a Legal Form

Browse and download our attorney-prepared and up-to-date legal forms from $4.99

Find a Form

Featured Attorneys

Anthony SmithLawSmithLee's Summit, MO
Rahul Manchanda, Esq.Manchanda Law Office PLLCNew York, NY
Glen AshmanAshman Law OfficeAtlanta, GA
Find An Attorney

Are you an Attorney?

Earn additional revenue and grow your business. Join LawGuru Now