Legal Question in Criminal Law in California

I put myself on the calendar because I found out I had a warrant for assault with a deadly weapon [my car]. Last Court date I told my conflict panel attorney that I wanted a speedy trial and that I did not want him to represent me. I've been to court twice. We went in front of the Judge, I wanted to check with the Judge to make sure the attorney ask for a speedy trial and the attorney shushed me so I wasn't able to ask the Judge the question. The attorney did not ask for a speedy trial, findig out on open access. The person is making a false report I have witnesses stating that he jumped on my car and that he grabbed me around the neck the night before. What do I do when I have a question for the Judge and I am being shushed. I don't have the right to talk to the Judge? I feel like I am being put under the bus again. Yes, I went to court for 5 years fighting a case, trying to change my plea. That's why I do not want that attorney he put me under the bus once and I know he will do it again..


Asked on 8/07/24, 6:43 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The details and claimed defenses in your case have nothing to do with your 'speedy trial' request issue you posted here.

Required procedure in court is for the judge to ask YOU and your attorney if YOU 'waive your right to speedy trial' in order to get a continuance of the proceedings. If no waiver is entered, then the trial date will be set, according to the law, within the short statutory period, and asking for a speedy trial will be superfluous.

If you are sure your attorney is not doing what you want, you can always hire another to take over. If instead you are using the 'free' taxpayer funder Public Defender, then you will have to request and convince the judge of the 'good cause' for what you say you want.

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Answered on 8/08/24, 10:36 am


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