Legal Question in Criminal Law in California

Justice Delayed

My son was arrested for drug and stolen credit cards. The case is now over 2 years olds. He has been in custody for over 8 months and has not been given a sentence. The last time he was in court, the Judge told the Public Defender, to be better prepared, before the next court date otherwise the case would go to trial (there has been too many court dates already). The Judge mention that my son could have legal recourse if there should be any more delays.

My son would like to give closure to this nightmare.

Question? Is there a statutes of limitation that is being violated? What would be a situation in which my son could sue for lack do proccess?


Asked on 2/07/02, 3:03 pm

1 Answer from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Justice Delayed

Contnuances are a fact of life. However, a continuance cannot be granted unless your son agrees. The law states that a criminal defendant has the right to have his trial within a specific number of days after a preliminary hearing. Unless he has repeatedly waived that right, or given a general time waver, the PD cannot continue the case.

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Answered on 2/08/02, 8:58 pm


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