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
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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.

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9/11/13, 12:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman
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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.

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9/11/13, 12:41 pm

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