Legal Question in Criminal Law in California
waive time
A friend of mine has a case that she was arrested on 60 days ago and after 60 days they finally arraigned her. At that time she refused to waive time. How long does the da have after that to try to convict her?
1 Answer from Attorneys
Re: waive time
For California, and in a general sense, the time to file a charge is based upon the appicable statute of limitations...in a broad sense the Prosecutor has 1 year to file misdemeanors, 3 years to file felonies...there are many sub sections controling certian clases of cases...none apply here as the arraignment is well within any statute.
Second, statutory speedy trial rights are 30 days after arrignemt for in custody misdemeanors (in custody at arraignment) 45 days for out of custody. Felonies have 2 applicable statutes, one for preliminary hearings, the 10 day 60 day rule from arraignment, and trial rights which are 60 days from the arraignment on the information (which is the charging document filed after a person is held to answer at a prelim) There are also many case law interprutaions and exceptions to these rules. Not knowing that the case is a felony or a misdemeanor it is not possible to be precise.
Constitutional speedy trial rights are quite too complex for email service.
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