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MyraB
MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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what does it mean to wave your time

Customer Question

what does it mean to wave your time
Submitted: 1 year ago.
Category: Criminal Law
Expert:  MyraB replied 1 year ago.

Hello and thank you for your question. I am sorry to hear of your girlfriend's situation.

Under the US and California constitutions a defendant has a right to a speedy trial. California has very strict speedy trial rules that require that a felony charge be tried within 60 days of arraignment and misdemeanor charges be tried within 30 days if the defendant is in custody or within 45 days if the defendant is not in custody. If the case is not brought to trial within that time, the charges are dismissed. However, a defendant may waive this right to a speedy trial, which means they agree that the case need not be tried within the time restrictions and will not seek to dismiss the case on that ground.
An overview of the speedy trial right in California can be found here http://www.leg.state.or.us/ors/809.html

The speedy trial right is very important and generally should not be waived and certainly should not be waived without the advice of counsel. In any given case there will likely be reasons both for and against a waiver which can only be weighed by the persons with a full understanding of the facts of the case. Your girlfriend may want to discuss the issue with her attorney.

In addition, because she is represented by counsel, the prosecutor should not be speaking with her alone. She may want to bring this up to her attorney as well.

Please feel free to ask any follow up questions.

MyraB, Lawyer
Category: Criminal Law
Satisfied Customers: 371
Experience: I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
MyraB and other Criminal Law Specialists are ready to help you
Expert:  MyraB replied 1 year ago.
Thank you for the positive rating.

I realized after you viewed the answer that the link to the California speedy trial right above is not correct. The correct link is http://www2.courtinfo.ca.gov/protem/courses/arraign/07-01.htm

I apologize for the error.

Thank you.
Customer: replied 1 year ago.

Thank you so much, my girlfriends name is XXXXX XXXXX and she is going threw so much, they set her bail so high its just mind boggaling. i read or a recant case here in turlock, a guy slashed his ladys trought she lived thank god, but his bail was set at a low enough rate hes out just days later waiting trial. i dont get it lanette is innocent of these charges and shes been in jail six months because her bail is out rages is there anythang that can be dune?


 


 

Expert:  MyraB replied 1 year ago.

Thank you for the additional information and the opportunity to assist you further.

Generally, bail is set to ensure the defendant's appearance at court dates and trial. However, there are many factors that are considered in determining bail, including the seriousness of the charges, the defendant's ties to the community, criminal record, any prior record of defaults, risk of flight and public safety. A complete explanation of the bail setting rules and considerations may be found in the California Judges Benchguide on Bail. http://www2.courtinfo.ca.gov/protem/pubs/bg55.pdf By statute, PC sec. 1270.2 a defendant is entitled to review of bail within 5 days, however, this review may be waived.

Nevertheless, the trial court judge has significant discretion to set and modify bail. At this point, Lanette may want to file a motion to modify bail, explaining that she has been awaiting trial, unable to make bail, for six months and arguing the bail factors that are in her favor. Again, her attorney should be able to assist her in pursuing a review of bail and in preserving and pursuing her rights to a speedy trial.

Also, a defendant is entitled to the effective assistance of counsel, which includes advice, information and counsel from the attorney and the opportunity for the defendant to participate in her defense. If Lynette's appointed attorney is not responsive to her requests for consultation and information, then she may want to complain to the attorney's supervisor or seek a change of counsel. There may be a reason that she has been held for six months without trial, but if there is she should be advised of the reason and assured that all efforts are being made for her release on bail and speedy disposition of the case.

Let me know if you need any further information.

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