Legal Question in Criminal Law in California

Re: Misdemeanor (right to a speedy trial)

You have a right to a speedy trial. However, that right may be waived. It is unclear from your message whether your lawyer has been asking for the continuances of the trial or whether the government has. If your lawyer has been asking for more time, then it is a question of whether you consented. If you agreed to postpone the trial date, you have waived your speedy trial rights up to the new date set. You cannot seek to dismiss the case on violation of your 6th Amendment rights after you have waived them.

If the government has been asking for the continuance, you should have your lawyer request the case be dismissed.

Asking for another public defender, if granted, will only cause further delay. Similarly, hiring your own private lawyer will also cause further delay. Your lawyer needs time to prepare for trial. You will not get adequate representation by making a lawyer unfamiliar with your case go to trial unprepared.

If you want a new lawyer, you should get one. But don't expect that lawyer to be prepared to go to trial tomorrow, next week, and perhaps not even next month. It all depends on the case, how busy the lawyer is, and what the court will allow.

As far as cost, each lawyer negotiates his own fee. Be careful to make sure that the fee is explained in detail. Make sure you know what you are getting for what price. And remember, sometimes you get what you pay for. Be wary of the "cheap" lawyer. . . the one that promises to take the case for very little money. You likely will not get any value for that.

As far as the public defender . . . there are very good ones, and there are some that are no good at all. You have to decide whether you trust your current lawyer or want a new one. But with the public defender, you don't get to choose who will take your case. If you want to select your own lawyer, you have to hire one on your own.

If you would like to discuss your case in more detail, feel free to contact me.

Re: Misdemeanor (right to a speedy trial)

Thank you for your posting on LawGuru.com, and the opportunity for me to help you by responding to your posting.

The answer to your question depends on whether or not you have waived time. If you have a public defender, it's likely that your public defender waived your right to a speedy trial long ago. In that case, you may have to specially withdraw that time waiver and set it for a hearing to dismiss on the trial date. You can certainly ask a supervisor for another public defender, and you do have the right to hire your own private attorney. Which would be best really depends on the individuals involved, so it's hard to say.

I hope this helps. If you do have other questions, feel that you need legal representation, or want legal advice, please feel free to email me directly at [email protected]. It's my pleasure to help in any way that I can. Thank you.