Legal Question in Criminal Law in California

Velasco

I want to know how long a trial can be continued by a judge if the last date of the waiver of a speedy trial has been reached and the person does not want to waive his rights to a speedy trial again. The judge continued the case so the district attorney can get back from vacation and the case has been set for the last day of his last waiver. His lawyer may ask him to but he does not want to. Can the judge make him do that or just do it because he can. He is sitting in jail waiting for this day.


Asked on 7/24/03, 8:14 pm

1 Answer from Attorneys
Patrick McNeal Law Offices of Patrick D. McNeal

Re: Velasco

The law on Speedy Trials has gone through several changes in recent years. With the onset of Victim's rights legislation, the once-holy speedy trial has been severely diluted... The prosecutor can move to continue a trial due to witness inconvenience now,,,or if a co-defendant's case is being continued. I do not know of a reason justifying the continuance due to prosecutor's unavailability.. Usually these continuances are due to mutual consent. A judge cannot force a defendant to waive time for his trial, although it is not uncommon that a defense attorney will recommend a continuance due to his working relationship with the court and the opposing counsel,,,usually it is to the client's detriment to be stubborn,,,,pdm

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Answered on 7/25/03, 12:22 am


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