Legal Question in Criminal Law in California
My misdemeanor trial ended up in a hung jury. The DA rescheduled the retrial in 30 days, is it 30 days the minimum time to retry without waiving time?
Asked on 7/25/09, 12:51 pm
1 Answer from Attorneys
David M. Wallin
Law Offices OF David M. Wallin
Both sides, ie.. the prosecution and the defense , have a right to go to trial within the statutory period, unless there is a time waiver, based on good cause.( further time neccessary to prepare ) and other reasons. If you want to go to trial sooner that the 30 days, it can only be with both sides agreeing, because both sides need to subpena witnesses and prepare for the trial.
Answered on 7/25/09, 1:40 pm
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