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?


Asked on 6/13/07, 3:15 pm

3 Answers from Attorneys

Daniel J. Mangan III JuryTrialJustice

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.

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Answered on 6/14/07, 11:32 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

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.)

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Answered on 6/13/07, 4:14 pm
Edward Hoffman Law Offices of Edward A. Hoffman

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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Answered on 6/13/07, 6:33 pm


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