Legal Question in Criminal Law in California
speedy trial
if I am charged with a misdemeanor do I have the right to a speedy trial even if at my first court appearance it is a missing complaint or does the right to a speedy trial start after I plead
Asked on 11/03/06, 8:32 am
2 Answers from Attorneys
Jay Leiderman
Leiderman Devine LLP
Re: speedy trial
The DA has a year to charge you on a misdemeanor, then the right to a speedy trial kicks in after the plea.
Answered on 11/03/06, 1:10 pm
Daniel J. Mangan III
JuryTrialJustice
Re: speedy trial
Your statutory speedy trial rights attach at entry of the plea...the basic misdemeanor statute of limitations for the DA to file a case is one year...it is unclear from your question if the case was filed and the court could not find the case or the DA had yet to file a case?
DJM
Answered on 11/03/06, 4:48 pm
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