Legal Question in Criminal Law in California

If one is in remand how much time can lapse until one must receive their sentence according to ammendment 6 reguarding the speedy trial


Asked on 3/24/10, 6:48 am

1 Answer from Attorneys

Joe Dane Law Office of Joe Dane

The right to a speedy trial is covered by statute. For felonies, you have a right to a preliminary hearing within 10 court days from your arraignment. If you're held to answer, you're brought to court to be arraigned on an information (new charging document) 15 days later. From there, you have a right to a trial within 60 calendar days.

On misdemeanors, if you're in custody at the time of arraignment, you have a right to a trial within 30 calendar days. If you're out of custody at arraignment, you have a right to a trial within 45 days.

If you're convicted, you have a right to be sentenced in no less than 6 hours or more than 5 days unless you waive that time frame.

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Answered on 3/29/10, 8:39 am


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