Legal Question in Criminal Law in California
Right to a Speedy Trial
My daughter is being held at the Century Detentional Facility in Lynwood as a co-defendant in a robbery case. Does she still have the rights to a speedy trial or does she have to waive her right to a speedy trial while the defendants attorney continues to file motions?
3 Answers from Attorneys
Re: Right to a Speedy Trial
No perfect answer, but if the case requires the motions it is best to do them...if motions are only applicable to one defendant and not the other, this can lead to "tension" between the defendants but each has the right to demand their speedy trial independent of the other...but the Court can find that good cause to continue one defendant "might" justify continuing the other over an objection, or severing the cases. Actually a complex matter.
Re: Right to a Speedy Trial
Normally a criminal defense lawyer would tend not to waive time limits for in-custody defendants, and would tend to waive time and delay things as long as possible for out-of-custody defendants. It is impossible to say more without more facts and, of course, second-guessing her lawyer. (I hope you retained a private attorney for your daughter instead of leaving her to the public defender.)
Re: Right to a Speedy Trial
Nothing the other defendant's lawyer might do can deprive your daughter of her right to a speedy trial. But if she has already waived that right, she is stuck with the waiver.
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