Legal Question in Criminal Law in California

Removal of General Time Waiver

Hello, my brother's attorney just signed to remove a general time waiver. What does that mean? My brother's been incarcerated pending a hearing for nearly 2 1/2 years. If this means that the trial must be heard within 60 days or will be dismissed? Then can new charges be filed and we start all over again?


Asked on 1/24/07, 8:46 pm

2 Answers from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Removal of General Time Waiver

Generally, "general time waivers" apply until withdrawn, when withdrawn the government has 60 days (felonies) to commence the trial.

DJM

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Answered on 1/25/07, 3:24 pm
David Piper

Re: Removal of General Time Waiver

I am not sure I understand what "just signed to remove a general time waiver" means. Was there a general time waiver in place and the attorney is trying to have it undone? Did the attorney agree to a general time waiver? In California, a defendant has a right to have certain hearings, including the trial, begin within certain periods of time. A "general time waiver" means the defendant is giving up to his right to have everything happen within specific periods of time. I am not sure that a general time waiver can be revoked once it has been accepted. You should ask your brother's attorney about what is going on here.

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Answered on 1/24/07, 8:55 pm


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