Legal Question in Criminal Law in California

Arraingment time frame
I was arrested October 9th of this year and was released OR the next morning with out ever appearing before a judge. 3 weeks later I appeared for my scheduled court date, to find i zhad been put on the case waiting list. In the last couple days i recieved a letter from the DA's office stating my court date as 12-09-2002. My question is: is there a time limit that they have to arrain me from the time of the initial arrest? 2 months exactly will have passed upon the date of this new court date. Do they have a limit on pressing charges?

Asked on 11/13/02, 2:16 pm

2 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

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Re: Arraingment time frame

Thank you for your posting. Yes, there is a time limit to arraign you for a misdemeanor (and you did not state the charges, but from the fact you were notified via mail I am assuming this is a misdemeanor).

Under the U.S. Constitution, sixth amendment, you have the right to a speedy trial. This is also stated in California Penal Code �1382, and in several court cases, including most notably Serna v. Superior Court.

For misdemeanor cases, the prosecutor has one year from the date set for your arraignment to find you and bring you to trial, unless you waive your right to a speedy trial.

For felonies, that time period is longer, and is balanced against other interests, depending upon the felony.

I hope this helps -- but if you have other questions, or need representation, I'm happy to help. Just call me at 1-877-568-2977, or email me at [email protected].

For misdemeanors, the prosecutor has

Answered on 11/13/02, 2:56 pm

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