What’re the Deadlines Related to a Right to a Speedy Trial?
Indeed, undue unreasonable delays in an investigation or prosecution may violate an accused’s constitutional right to a speedy trial and can support a motion terminating the action or for sanctions under Penal Code § 686. Similarly, the prosecution has a right to a speedy trial (California Constitution Article I, § 29).
The Gist of this Article: There are eight deadlines related to the right to a speedy trial under the Fifth and Sixth Amendments, as made applicable to the states (like California!) through the Fourteenth Amendment. This article lists them out.
Postaccusation delay occurs after the filing of the accusatory pleading or arrest of defendant. This period of time is addressed by the Sixth Amendment, as well as the Fourteenth Amendment, and the California Constitution, Article I, § 15.
So what are the bright-line deadlines one should keep in mind from the outset? The following list is really just a start, and not meant to be an all-inclusive list (and do not apply if defendant waives time, fails to appear in court, there is a new trial ordered, there is a finding that defendant is incompetent to stand trial, or a writ is filed during the time):
- 30 calendar days for a misdemeanor defendant in custody from the time of arraignment or entry of plea, whichever occurs later, to trial (Penal Code § 1382(a)(3));
- 45 calendar days for a misdemeanor defendant not in custody from the time of arraignment or entry of plea, whichever occurs later, to trial (Penal Code § 1382(a)(3));
- 15 calendar days for felony information to file if defendant is held to answer after a preliminary hearing (Penal Code § 1382(a)(1));
- 60 calendar days for trial after filing of information or filing of indictment for a felony defendant regardless of if defendant is in custody or out of custody on bail (Penal Code § 1382(a)(2));
- 10 calendar days for trial after defendant announces ready for trial or objects to further delay once felony or misdemeanor defendant consents that trial be continued beyond statutory limits (Penal Code § 1382(a)(2)(B))
- 90 calendar days for trial for a defendant serving time in state prison or in county jail for a term of longer than 90 days, who makes a proper demand to be brought to trial on another pending state case (Penal Code § 1381);
- 90 calendar days for trial for a person serving time in federal prison in California who makes a valid demand to be brought to trial in a pending state court case (90 days after the prosecutor receives the demand and federal authorities consent to release the prisoner for trial on California charges) (Penal Code § 1381.5); and
- 180 calendar days for trial for a person serving time in any state that is a signatory to the Interstate Compact on Detainers who makes a valid demand for trial (within 180 days after delivery of the demand to the prosecuting attorney and court) (Penal Code § 1389).
For more information about speedy trial issues, please click on the following articles:
- Did the Prosecution Violate Your Sixth Amendment Right to a Speedy Trial?
- Arrested for Misdemeanor DUI in January, 2011; Arraigned in February, 2013; Is Defendant’s Right to Speedy Trial Violated?
- Sixth Amendment Right to a Speedy Trial Not Violated When There Is a Seven Year Delay Between Arrest and Murder Trial