Legal Question in Criminal Law in California

Why would attorneys, advise their client(defendant), to waive their rights to a speedy trial?


Asked on 12/08/10, 9:49 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

It is pretty standard operating procedure among criminal defense lawyers that if the client is not in jail, you stall. If the client is in jail, you demand a speedy trial. The theory is that as long as the defendant isn't in jail, a delay works to the defendant's advantage in that witnesses forget; and the prosecution might get tired of the case.

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Answered on 12/13/10, 10:25 pm
Robert Marshall Law Office of Robert L, Marshall

Sometimes it takes time to adequately prepare and investigate a case.

A good lawyer is a prepared lawyer.

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Answered on 12/13/10, 10:40 pm
Anthony Roach Law Office of Anthony A. Roach

I'm going to exercise my powers of speculation and offer several ideas:

1. The defense attorney is stalling.

2. The defense attorney has a plea bargain arrangement in negotiation with the prosecutor.

3. The defense attorney is still investigating the case.

4. The defense attorney does not know what they are doing and is afraid of going to trial.

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Answered on 12/14/10, 9:37 am


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