Legal Question in Criminal Law in California

if a defendant is in jail since june 16/2010 and his first arraignemnt was on june 18 and he had prelim hearing continuesly and finally the prelim was on august 17,but DA didn't show up due to her work load and vacation until sep 7-th what will happen to the defendant who is in jail over 60 days without haveing a prelim?thank you


Asked on 8/26/10, 1:10 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

The court asks him if he waives his right to have a preliminary hearing within the statutory time. If he does not agree, and the prosecutor cannot meet the timeline, then the defense attorney files a motion to dismiss for violating his speedy trial rights. Does the defendant have an attorney?

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Answered on 8/31/10, 2:01 pm


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