Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Cal Please explain the right to speedy trial and what can…

For Legal-Cal Please explain the right...
For Legal-Cal
Please explain the right to speedy trial and what can happen if tge 60 day deadline approaches and I do not waive my right.
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 1 hour by:
10/12/2016
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified

Thanks again for your patience.

So if a speedy trial deadline approaches (and passes) without waiving one's speedy trial right, a possible motion to dismiss based on the violation of the speedy trial rule can be brought.

When such a motion is brought, there is no automatic granting (or denying) of the motion. What must occur is a hearing on the motion.

At a hearing on such a motion, the Court must take into determination certain factors, which include: 1) the actual (not hypothetical) prejudice suffered by a defendant in not having a trial on the matter within the specified time period and 2) the prosecutor's reason for the delay in bringing forth the trial within the time period.

When it comes to prejudice suffered by a defendant (i.e., harm incurred because of the failure to bring forth trial within the time period), a court will look to see if: 1) a defendant has been in custody in county jail during the pendency of the matter, 2) any "impairment" of possible witnesses and the defendant's ability to question the witness as a result of the delay and 3) the "intangible" effects on the defendant (i.e., stress, etc).

As for a prosecutions delay, a court will generally attempt to determine whether or not the prosecutors delayed because of "bad faith" or neglect or if the delay was due to matters outside of their control, but for which they exercised due diligence (i.e., attempting to locate a witness who is essential to their case, but has not responded to any subpoena to appear or is unwilling to cooperate).

It is only after a court balances all these factors, based on the evidence or arguments presented on the motion, does the court determine if a motion to dismiss based on the violation of speedy trial rules should be granted or not.

Questions based on this?

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
If the case is dismissed, can the charges be brought again? Is do, dies the original accuser have to testify?

Generally, charges can indeed be re-filed once after a matter has been dismissed as a result of a speedy trial violation if prosecutor's can show, at the time of re-charging, that there is good cause, which can include one of the following:

"(1) That substantial new evidence has been discovered by the
prosecution which would not have been known through the exercise of
due diligence at, or prior to, the time of termination of the action.
(2) That the termination of the action was the result of the
direct intimidation of a material witness, as shown by a
preponderance of the evidence.
(3) That the termination of the action was the result of the
failure to appear by the complaining witness..."

If charges are re-filed, it basically starts everything over. This will also require (and at all times will require) the accuser's testimony (as that is the only way a prosecutor can present their side of the case, under the rules of evidence, i.e., not "second hand" accounts as that would constitute inadmissible hearsay under most circumstances).

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
Is there a statute of limitation in how long a prosecutor can refile if the case is dropped for not meeting the speedy trial?

Section 1387 of the penal code provides that prosecutors have six months after dismissal based on a speedy trial violation to re-charge a defendant.

Ask Your Own Criminal Law Question
Customer reply replied 1 year ago
Thanks

You're welcome.

I hope the general information provided here has shed some light.

As always, please remember that experts here are not employees of JustAnswer and do not get credited for taking the time to provide general information to individuals until they click ACCEPT and rate the assistance provided by clicking on the stars on your screen. Your cooperation in this regard would be much appreciated.

***General information provided here is for educational and informational purposes only and does not constitute legal advice, nor should it be relied upon as such. It is always wise to consult with an attorney licensed in your jurisdiction as they would be in the best position to assist***

Ask Your Own Criminal Law Question

I see you have read my response

If you have further questions, please ask.

If not, please remember that experts do not get credited for taking the time to assist individuals until they click accept and rate the assistance provided. This applies to customers who have a subscription too (as experts here do not get credited, regardless of the type of account, until the individual clicks accept and rates with three stars or higher).

Thanks.

Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
Experience: Attorney at Law Offices of Khaled Issa
Verified
Legal-Kal and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 600
600 Satisfied Customers
Experience: Attorney at Law Offices of Khaled Issa

Legal-Kal is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
I was trying to educate myself for Texas law. Wondering if
hi, I was trying to educate myself for Texas law. Wondering if there is a time period after indictment in which the trial must occur. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
Where in the iowa code does it address the issue of the
Where in the iowa code does it address the issue of the prosecutor has 45 days to file trial information after arrest by warrant… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,016 satisfied customers
Can you explain to me the meaning of NRS 178.556(1) Nevada
Can you explain to me the meaning of NRS 178.556(1) Nevada Speedy Trial? It sounds to me that the charges against my friend can be dismissed because they did not set the court date within 60 days. Is … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
wife arrested for spitting on the outside of a bar window,
wife arrested for spitting on the outside of a bar window, and falsely charged with resisting arrest. she wa completely sober and has a completely clean record. we di NOT want to waive our rihgt to a … read more
Ely
Ely
Counselor at Law
Juris Doctor
3,248 satisfied customers
August 2013 I was charged with a felony fleeing a police officer
August 2013 I was charged with a felony fleeing a police officer and a DUI. I wasn't fleeing. I was at my home unaware that police were pursuing me. I got scared and went in my house to observe, then … read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
For Paul JD, how does the speedy trial work. When someone waives
For Paul JD, how does the speedy trial work. When someone waives their right to a speedy, Iunderstand that one. Then when it gets close to a yr they ask you to waive your right to the 1yr trial. Lets … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have been charged with misdemeanor battery and felony terrorist
I have been charged with misdemeanor battery and felony terrorist threats (Cal. PC 136.1(B)1) in California. I was arraigned on March 25, 2013 and appointed a public defender. I next appeared in court… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in South Carolina and have a pending DUI case from 6/2011
I live in South Carolina and have a pending DUI case from 6/2011 for which I requested a Jury Trial. According to a standing order from the State Supreme court the Summary court has 120 days from date… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I have a child of 18 in county jail. She has had the law enforcement
I have a child of 18 in county jail. She has had the law enforcement file charges and gone to first appearance. The prosecution has NOT filed information to prosecute. How many days do they have to do… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,719 satisfied customers
me how long does the prosecution have to go to the Preliminary Hearing and the Trial if t
me: how long does the prosecution have to go to the Preliminary Hearing and the Trial if the defense does not waive the speedy trial requirements in California Superior Court… read more
Zoey, JD
Zoey, JD
Doctoral Degree
198 satisfied customers
CA LIFORNIA, why cant your case be dropped if I was missrepresentated.Case
CA LIFORNIA, why can't your case be dropped if I was missrepresentated.Case is going into it's 4th year. An the arugment be substantial reason for dismissal of case?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
my trial was postponed by the court because there was not enough
my trial was postponed by the court because there was not enough judges, now the trial may be postponed because the state atty. and witness for the pros. are unavailabe we have not been notified of th… read more
Joseph
Joseph
Attorney
Doctoral Degree
7,245 satisfied customers
my son-in-law was picked up for a DUI in August 2009. He has
my son-in-law was picked up for a DUI in August 2009. He has been to court 8 times and doesn't have an attorney, although the court was suppose to appoint him one. It is now almost April 2010, he has … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
If the palntiff has waived their right to a speedy trial, can
If the palntiff has waived their right to a speedy trial, can they get their decision "reversed" and/or reinstated; especially if they were under duress or not completely cognitive of the ramification… read more
Dimitry Esquire
Dimitry Esquire
Attorney at Law
Doctoral Degree
113 satisfied customers
I received a ticket for not stoping at a stop sign. Because
I received a ticket for not stoping at a stop sign. Because of trees and parked cars, the officer could not see me stop. I appeared at court in front of the judge to plead not guilty on 9/18/09. The j… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
Is there a speedy trial statute in Texas and will it apply
Is there a speedy trial statute in Texas and will it apply to misdemeanors as long as no continuances were requested by the defense?… read more
A.S.B., Esq.
A.S.B., Esq.
Doctoral Degree
148 satisfied customers
After filing misdemeanor charges, is there a statute of limitations
After filing misdemeanor charges, is there a statute of limitations for trial or, after the arrested party waived speedy trial, can the trial be pending indefinitely? Can the D.A. continue the matter … read more
FloridaLawyer
FloridaLawyer
Attorney
Doctoral Degree
737 satisfied customers
Defense counsel waived my spouses right to a speedy trial ...
Defense counsel waived my spouses right to a speedy trial both unknowingly and involuntarily on his part. He was informed 11 days later by me. ( criminal law 576 (5), usca const amends, 6, 14) The wai… read more
Law Doctor
Law Doctor
Doctoral Degree
40 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x