Courts use a balancing test as set forth in the Supreme Court case Barker v. Delays nearing one year may indicate a potential violation. Has My Right To A Speedy Trial Right Been Violated?Ī violation of speedy trial rights occurs when there is an unjustified, prejudicial delay between the arrest or filing of charges and the trial. The filing of an Indictment or Information.įor Federal cases, the "speedy trial" period usually begins upon indictment or your initial federal court appearance.A holding order after a preliminary hearing.In felony cases specifically, the timeframe begins with any of the following: Your arrest, following continuous restraint.In California, the countdown to a speedy trial starts upon either: Federally, the trial must commence within 70 days.For felonies, the period is 60 days from the date of arraignment.For misdemeanors in California, the trial must begin within 45 days of the arraignment or 30 days if the defendant is in custody.The interpretation of what constitutes a "speedy trial" depends on the context of federal or state law, as well as judicial interpretations.īoth the state of California and the federal government have set specific timeframes to define what is considered a speedy trial right: This right is a fundamental protection meant to prevent undue and prolonged delays and incarceration before trial, minimize anxiety and concern for the defendants, and limit the possibility of undermining the defense. Under the United States and the California constitutions, defendants in criminal cases are guaranteed the right to a speedy trial. Superior Court" which established the criteria for determining when criminal charges should be dismissed because the prosecution delayed too long in bringing the case to trial. This motion is named after the 1985 case "Serna v. A Serna motion in California, also known as a "speedy trial motion," is a pretrial defense motion filed to dismiss misdemeanor or felony charges due to a violation of a defendant's speedy trial rights.
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