Speedy Trial Rights & Grounds for Dismissal in California
The U.S. Constitution ensures citizens have the right to a speedy trial, preventing indefinite detention or suspicion.
In California, this right is established under Penal Code 1382. Therefore, anyone accused of a sex crime is entitled to a prompt trial under both federal law and California's fast and speedy trial law.
The main purpose of protecting your right to a speedy trial is to reduce the risk of prejudice in your defense, as witness memories may fade or vanish over time, and evidence can be lost or destroyed.
Under this law, defendants must be brought to trial within a designated period after their arraignment. If this period passes without the judge granting an exception, the case can be dismissed.
In California, you are entitled to a trial for a misdemeanor within 45 days if you are not in custody, and within 30 days if you are in custody. For felony charges, you have the right to a trial within 60 days.
Serna Motion
If you are denied your right to a speedy trial, your lawyer can file a motion called a "Serna motion" or "speedy trial motion."
This legal request asks the court to dismiss your charges for a misdemeanor or felony because your right to a speedy trial was violated. These motions are named after the 1985 California Supreme Court case, Serna v. Superior Court.
In other words, this type of motion asserts that your constitutional right to a speedy trial was violated, infringing on your Sixth Amendment rights under the United States Constitution.
This right is also protected in the California Constitution, Article 1, Section 15. Let's examine this law in more detail below.
CA Penal Code 1382 PC - Explained
The right to a speedy trial is one of the oldest and most essential rights in our criminal justice system. According to the Sixth Amendment of the U.S. Constitution, "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial."
To achieve this, PC 1382 specifies particular timeframes for bringing defendants to trial:
- A formal charge, also known as an 'information,' must be filed against the defendant within 15 days of arrest.
- Trials for infractions and misdemeanors are scheduled to occur within 30 to 45 days after arraignment.
- A trial for felonies must occur within 60 days after arraignment.
In simple terms, a prosecutor must bring a defendant in a felony case to trial within 60 days of arraignment, unless there is a valid reason to postpone.
Potential Issues of a Long Delay
These statutory limits are designed on the principle that defendants should not face excessive delays before their trial. Prolonged wait times between arrest and trial can lead to various issues for defendants, such as:
- The loss of witnesses, due to relocation or death;
- The fading of memories can make it more difficult to recall what happened; or
- The decay of evidence, like physical proof, can lead to loss or destruction over time.
- To safeguard your right to self-defense;
- To reduce anxiety while waiting for your case to be resolved.
An accused individual also faces potential negative impacts from being suspected or held in custody for an extended time. This can harm their reputation, job opportunities, and personal relationships.
To address these issues, Penal Code 1382 PC requires the court to schedule a trial date within a specified period after arraignment. If the court does not do so and no exception has been approved, the defendant may submit a motion to dismiss the charges.
Exceptions to the Speedy Trial Rules
The statutory limits of PC 1382 are flexible. Law allows courts to extend the trial date beyond 30, 45, or 60 days in specific cases. Exceptions are typically granted in two main situations:
- When the defendant either waives their right to a speedy trial or requests a later trial date;
- When the court determines there is "good cause" to postpone the trial date.
Your right to a speedy trial starts either on the date a complaint or other charging document is filed against you, or on the date of your arrest if you are actually restrained after that arrest.
Time Waiver or Request for Delay
Sometimes, it is in the defendant's best interest to postpone a trial, such as when they are ill and need time to recover or when the delay allows the attorney to prepare further.
In such cases, defendants may choose to waive their right to a speedy trial or request a later trial date. This also allows prosecutors additional time to prepare their cases.
What Does Finding a "Good Cause" Mean?
There are often valid reasons to postpone a trial beyond the time limits set by PC 1382. Typically, these reasons aim to ensure the defendant's right to a fair trial, which is more important than mere adherence to the speedy trial rule.
Common grounds for justifying a delay might include:
- The defendant is unable to defend themselves due to incapacitation.
- The case's complexities, such as multiple defendants involved in the same incident, make it unreasonable to process within that time frame.
- New evidence has emerged that must be included in the case.
- An extraordinary event, such as a natural disaster or health emergency, prevents a swift trial.
What If You Are Not Brought to Trial in Time?
If the court or prosecution does not bring the defendant to trial within the time limits specified by PC 1382, and no exception applies, the defendant's attorney can file a "speedy trial motion" (also called a "Serna motion") arguing that the case should be dismissed due to a violation of the defendant's constitutional rights.
The judge will hold a hearing to decide whether this is true, and if verified, the case might be dismissed. During the hearing, they will evaluate the reasons for the delay and whether it caused prejudice against you.
You need to demonstrate that the delay resulted in some harm to you. Filing a Serna motion does not ensure case dismissal.
The court must still evaluate whether there was good cause for the delay and whether the delay, or other factors, harmed the defendant.
If the court determines that the defendant's right to a speedy trial was violated, the charges will be dismissed. If the Serna motion fails, you can still pursue the criminal appeals process.
The legal rights related to a motion for a speedy trial can be complex and should be carefully reviewed by an experienced California sex crime attorney.
The Hedding Law Firm is a criminal defense law firm based in Los Angeles, California. You can reach us by phone or through our contact form.
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