Legal Question in Criminal Law in California

Time expiring on a non-time waived case.

I withdrew my time waiver. The court had 30 days in which to bring my case to trial. If a jury has not been impaneled within those thirty days, has time expired? The judge heard motions on the last day, during the last hour of the court day. Does this satisfy the time requirement if a jury has not been impaneled?


Asked on 2/12/98, 1:20 pm

1 Answer from Attorneys
Robert E. Drescher Law Offices of Robert E. Drescher

Waiver of time not given

The short answer is NO. If a jury was not impaneled by the last day and you did not waive timethe DA MUST dismiss the case. Are you representing yourself??

If not, why didn't your attorney make a motion to dismiss???============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================

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Answered on 2/13/98, 12:17 pm


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