Full question:
What is the criteria of right to a speedy trial in California?
- Category: Criminal
- Date:
- State: California
Answer:
In California, both the state and federal Constitutions guarantee a criminal defendant the right to a speedy trial (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15, cl. 1). Statutes also outline specific timeframes for trials: typically, a defendant should be tried within sixty days for felony charges and thirty days for misdemeanor charges.
To successfully argue for dismissal due to a violation of the right to a speedy trial, the defendant must show that they suffered prejudice from the delay. If the defendant demonstrates prejudice, the prosecution must then justify the delay. The court will weigh the harm against the justification provided.
Prejudice means that the delay negatively impacted the case's outcome for the defendant. The determination of whether prejudice exists is a factual question for the trial court, and appellate courts will uphold the trial court's findings if supported by substantial evidence.
Relevant California statutes include:
- California Penal Code § 1382: A defendant must be brought to trial within sixty days for felonies and thirty days for misdemeanors, with specific exceptions for waivers or delays.
- California Penal Code § 1383: If a defendant is not charged or tried within the specified time, the court may continue the case for good cause.
- California Penal Code § 1050: Criminal cases should be expedited, and continuances require good cause.
The California Constitution also states that defendants have the right to a speedy public trial and to compel witness attendance (Cal. Const., art. I, § 15).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.