For a jury trial for a misdemeanor case: The law says how soon a defendant charged with a misdemeanor must be brought to trial. (See section 1382 of the Penal Code).
If the defendant is in custody at the arraignment, the trial must start within 30 days of arraignment or plea, whichever is later.
If the defendant is not in custody at the arraignment, the trial must start within 45 days of arraignment or plea, whichever is later.
The defendant can “waive” (give up) the right to a speedy trial. This means the defendant agrees to have the trial after the required deadline (also known as “waiving time”). But even if the defendant waives time, the law says the trial must start within 10 days after the trial date is set. It is very important for defendants to get advice from an attorney before they waive time.
For a jury trial for a felony case: The law says how soon a defendant charged with a felony must be brought to trial. (See section 1382 of the Penal Code.)
The prosecutor must file the Information within 15 days of the date the defendant was “held to answer” at the preliminary hearing.
The trial must start within 60 days of the arraignment on the Information.
The defendant can “waive” (give up) the right to a speedy trial. This means he or she agrees to have the trial after the 60-day period (also known as “waiving time”). It is very important for defendants to get advice from an attorney before they “waive time.”