what is it taking so long to get trial date on case
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An arraignment is the starting time formal court proceeding in a criminal case. For felony charges, an arraignment must generally occur within 48 hours of a defendant's arrest if he/she is held in custody. If a accused is non kept in custody, then the proceeding must typically have place "without unnecessary delay."
An arraignment is a stage in the criminal courtroom procedure where:
- the court advises defendants of their Constitutional rights,
- defendants acquire of the specific charges that have been filed against them,
- an defendant enters a plea (usually an initial plea of "non guilty"), and
- the court sets, modifies, reinstates, or exonerates a accused'due south bail.
In terms of a trial date, the U.S. Constitution and the constitution of individual states guarantee defendants the correct to a speedy trial. For felony cases, this means defendants have the right to have a case exist brought to trial within 60 days after the appointment of the arraignment.
When does an defendant kickoff appear in court in felony cases?
An arraignment is a defendant's first formal court appearance in the criminal justice system. It occurs in criminal cases and marks a defendant'due south first appearance in court following an arrest.
In felony cases, if a defendant committed an offense that requires him/her to remain in custody, then most jurisdictions say that the accused must be arraigned inside 48 hours of an abort. This time does not include weekends and holidays.
If in that location is an unreasonable delay between the arrest and a accused'south arraignment, the delay may convert an otherwise lawful arrest into an unlawful detention.
Unlawful detention is a blazon of potential police misconduct that may entitle the accused to receive civil (or monetary) damages.
Note, though, that unlawful detention volition not typically result in a dismissal of the case, unless:
- the defendant can prove that the delay deprived him/her of a fair trial, or
- it otherwise caused him/her to endure some blazon of prejudice or unfair injury.[1]
If an accused is being arraigned on a felony complaint that does not crave him/her to remain in custody, and then most states say the defendant must be arraigned without unnecessary delay. In reality, if custody is not involved in a case, it may have weeks or even months earlier an arraignment occurs.
What happens at an arraignment?
Arraignment hearings take identify in both misdemeanor cases and felony cases.
Judges use these hearings every bit an opportunity to:
- advise defendants of their Constitutional rights,
- inform defendants of the specific charges that take been filed against them,
- accept an accused's plea, and
- fix, alter, or exonerate an accused's bail.
As to a defendant's Constitutional rights, notation that both the United States Constitution and state constitutions grant defendants with a variety of rights that they may exercise at an arraignment and during a criminal court case.
Some of these rights include:
- the correct to exist represented past a criminal defense attorney/defence lawyer (which includes the right to be represented by a courtroom-appointed public defender if a party cannot afford a private lawyer),
- the right against cocky-incrimination,
- the correct to a speedy trial,
- the correct to a trial by jury, and
- the right to produce and face witnesses.
How long does it take for a defendant to get a trial engagement in a felony case?
The Sixth Amendment to the U.S. Constitution and all land constitutions guarantee defendants the right to a speedy trial.
The right to a speedy trial is the right to receive a jury trial reasonably quickly later the first of a criminal example.
As to felony cases, this right means a accused must be brought to trial inside 60 days of the appointment of either:
- the arraignment,
- reinstatement of the example (which is re-establishing a case that was dismissed), or
- an society granting a new trial later on a mistrial.
Notation, though, that a defendant may waive this right or agree to a court date that takes place long after sixty days. It is frequently in a accused'south interest to postpone a trial as the filibuster gives the defense counsel more fourth dimension to gather show and discredit the arguments of the prosecuting chaser.
What is the police force in California?
California law generally follows the rules and laws discussed above.
In California felony cases, an accused must be arraigned within 48 hours subsequently he/she was arrested if however in custody.[2]
If the defendant was released from solitude, and then he/she must be arraigned without unnecessary delay.[3]
Notation that the above 48-hour rule applies to all crimes that require a person to remain in custody, regardless of whether they are felonies or misdemeanors. That said, virtually defendants are released following a misdemeanor arrest.
When this is the case, the misdemeanor arraignment hearing generally does not take place for at to the lowest degree ten days following an abort.[4]
Every bit to speedy trial rights, every criminal defendant in the State of California has this trial right in criminal proceedings.
The right is fix along in both:
- Article I, Section 15, of the California Constitution, and
- Penal Lawmaking 1382 PC.
As to felony cases, the latter statute says that a defendant must be brought to trial within lx days of the engagement of either the arraignment or reinstatement of the case.[5]
A defendant can always waive this right and a trial can take place later on lx days if the trial court finds "proficient crusade" to agree the trial later.
Examples of when there is a showing of adept cause include when:
- the defendant is incapacitated,
- new bear witness has come to light,
- the case is too complex for a speedy trial,
- in that location is a preference for a joint trial (if multiple defendants),[six]
- the clerk of the courtroom made a filing error,[7] and
- there is a global pandemic (east.g., COVID-19) and it has a severe impact on the State.[viii]
Note that a Serna movement is a motion to dismiss a criminal case because the defendant was denied his /her constitutional right to a speedy trial.[9]
Serna motions are too known as "speedy trial motions." They are filed as role of the pretrial process under California criminal police force.
A successful Serna movement volition result in the judge dismissing any charges filed against the defendant.
Legal References:
[1] See, for case, Dragna v. White (1955) 45 Cal.2d 469.
[2] California Penal Code 825 PC.
[three] California Penal Code 859 PC.
[four] California Penal Code 853.6 PC.
[5] California Penal Code 1382 PC.
[half-dozen] People 5. Sutton (2008) 161 Cal.App.4th 35.
[7] People v. Stiehl (2011) 198 Cal.App.4th 720.
[eight] Stanley 5. Superior Courtroom (Cal.App.1st Dist. June 9, 2020) 2020 Cal.App. LEXIS 506.
[9] Serna v. Superior Court (1985) 40 Cal.3d 23.
About the Author
Neil Shouse
A former Los Angeles prosecutor, chaser Neil Shouse graduated with honors from UC Berkeley and Harvard Police School (and completed boosted graduate studies at MIT). He has been featured on CNN, Practiced Morn America, Dr Phil, Court Telly, The Today Show and Court Tv. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Height 100 Ceremonious Attorneys.
Source: https://www.shouselaw.com/ca/blog/how-long-does-it-take-to-get-a-court-date-for-a-felony/
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