What Is The Criteria Of Right To A Speedy Trial In California
Full Question:
Answer:
Both the state and federal Constitutions guarantee a criminal defendant the right
to a speedy trial. (U.S. Const., 6th Amend.; Cal. Const., art. I, § 15, cl. 1.) Statutes also govern speedy trial rights in CA. With exceptions, a defendant should typically be brought to trial in California within 60 days for felony and 30 days for misdemeanor crimes. In order to prevail on a motion to dismiss for violation of this right, a defendant must demonstrate prejudice. Once the defendant has established prejudice, the burden then shifts to the prosecution to justify the delay. The court then balances the harm against the justification. Prejudice typically means that had it not been for the harm created to the defendant, a different outcome in the case would have been occurred. Whether the defendant has established prejudice is a factual question to be determined by the trial court, and a reviewing court will uphold this determination if it is supported by substantial evidence.
The following are CA statutes:
1382.
(a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:
(1) When a person has been held to answer for a public offense and
an information is not filed against that person within 15 days.
(2) In a felony case, when a defendant is not brought to trial
within 60 days of the defendant's arraignment on an indictment or
information, or reinstatement of criminal proceedings pursuant to
Chapter 6 (commencing with Section 1367) of Title 10 of Part 2, or,
in case the cause is to be tried again following a mistrial, an order
granting a new trial from which an appeal is not taken, or an appeal
from the superior court, within 60 days after the mistrial has been
declared, after entry of the order granting the new trial, or after
the filing of the remittitur in the trial court, or after the
issuance of a writ or order which, in effect, grants a new trial,
within 60 days after notice of the writ or order is filed in the
trial court and served upon the prosecuting attorney, or within 90
days after notice of the writ or order is filed in the trial court
and served upon the prosecuting attorney in any case where the
district attorney chooses to resubmit the case for a preliminary
examination after an appeal or the issuance of a writ reversing a
judgment of conviction upon a plea of guilty prior to a preliminary
hearing. However, an action shall not be dismissed under this
paragraph if either of the following circumstances exist:
(A) The defendant enters a general waiver of the 60-day trial
requirement. A general waiver of the 60-day trial requirement
entitles the superior court to set or continue a trial date without
the sanction of dismissal should the case fail to proceed on the date
set for trial. If the defendant, after proper notice to all parties,
later withdraws his or her waiver in the superior court, the
defendant shall be brought to trial within 60 days of the date of
that withdrawal. If a general time waiver is not expressly entered,
subparagraph (B) shall apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 60-day period. Whenever a case is set for trial
beyond the 60-day period by request or consent, expressed or implied,
of the defendant without a general waiver, the defendant shall be
brought to trial on the date set for trial or within 10 days
thereafter.
Whenever a case is set for trial after a defendant enters either a
general waiver as to the 60-day trial requirement or requests or
consents, expressed or implied, to the setting of a trial date beyond
the 60-day period pursuant to this paragraph, the court may not
grant a motion of the defendant to vacate the date set for trial and
to set an earlier trial date unless all parties are properly noticed
and the court finds good cause for granting that motion.
(3) Regardless of when the complaint is filed, when a defendant in
a misdemeanor or infraction case is not brought to trial within 30
days after he or she is arraigned or enters his or her plea,
whichever occurs later, if the defendant is in custody at the time of
arraignment or plea, whichever occurs later, or in all other cases,
within 45 days after the defendant's arraignment or entry of the
plea, whichever occurs later, or in case the cause is to be tried
again following a mistrial, an order granting a new trial from which
no appeal is taken, or an appeal from a judgment in a misdemeanor or
infraction case, within 30 days after the mistrial has been declared,
after entry of the order granting the new trial, or after the
remittitur is filed in the trial court, or within 30 days after the
date of the reinstatement of criminal proceedings pursuant to Chapter
6 (commencing with Section 1367). However, an action shall not be
dismissed under this subdivision if any of the following
circumstances exist:
(A) The defendant enters a general waiver of the 30-day or 45-day
trial requirement. A general waiver of the 30-day or 45-day trial
requirement entitles the court to set or continue a trial date
without the sanction of dismissal should the case fail to proceed on
the date set for trial. If the defendant, after proper notice to all
parties, later withdraws his or her waiver, the defendant shall be
brought to trial within 30 days of the date of that withdrawal. If a
general time waiver is not expressly entered, subparagraph (B) shall
apply.
(B) The defendant requests or consents to the setting of a trial
date beyond the 30-day or 45-day period. In the absence of an express
general time waiver from the defendant, the court shall set a trial
date. Whenever a case is set for trial beyond the 30-day or 45-day
period by request or consent, expressed or implied, of the defendant
without a general waiver, the defendant shall be brought to trial on
the date set for trial or within 10 days thereafter.
(C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to
appear on that date and a bench warrant is issued, or the case is
not tried on the date set for trial because of the defendant's
neglect or failure to appear, in which case the defendant shall be
deemed to have been arraigned within the meaning of this subdivision
on the date of his or her subsequent arraignment on a bench warrant
or his or her submission to the court.
(b) Whenever a defendant has been ordered to appear in superior
court on a felony case set for trial or set for a hearing prior to
trial after being held to answer, if the defendant fails to appear on
that date and a bench warrant is issued, the defendant shall be
brought to trial within 60 days after the defendant next appears in
the superior court unless a trial date previously had been set which
is beyond that 60-day period.
(c) If the defendant is not represented by counsel, the defendant
shall not be deemed under this section to have consented to the date
for the defendant's trial unless the court has explained to the
defendant his or her rights under this section and the effect of his
or her consent.
1383. If the defendant is not charged or tried, as provided in
Section 1382, and sufficient reason therefor is shown, the court may
order the action to be continued from time to time, and in the
meantime may discharge the defendant from custody on his or her own
undertaking of bail for his or her appearance to answer the charge at
the time to which the action is continued.1050.
(a) The welfare of the people of the State of California
requires that all proceedings in criminal cases shall be set for
trial and heard and determined at the earliest possible time. To
this end, the Legislature finds that the criminal courts are becoming
increasingly congested with resulting adverse consequences to the
welfare of the people and the defendant. Excessive continuances
contribute substantially to this congestion and cause substantial
hardship to victims and other witnesses. Continuances also lead to
longer periods of presentence confinement for those defendants in
custody and the concomitant overcrowding and increased expenses of
local jails. It is therefore recognized that the people, the
defendant, and the victims and other witnesses have the right to an
expeditious disposition, and to that end it shall be the duty of all
courts and judicial officers and of all counsel, both for the
prosecution and the defense, to expedite these proceedings to the
greatest degree that is consistent with the ends of justice. In
accordance with this policy, criminal cases shall be given precedence
over, and set for trial and heard without regard to the pendency of,
any civil matters or proceedings. In further accordance with this
policy, death penalty cases in which both the prosecution and the
defense have informed the court that they are prepared to proceed to
trial shall be given precedence over, and set for trial and heard
without regard to the pendency of, other criminal cases and any civil
matters or proceedings, unless the court finds in the interest of
justice that it is not appropriate.
(b) To continue any hearing in a criminal proceeding, including
the trial,
(1) a written notice shall be filed and served on all
parties to the proceeding at least two court days before the hearing
sought to be continued, together with affidavits or declarations
detailing specific facts showing that a continuance is necessary and
(2) within two court days of learning that he or she has a conflict
in the scheduling of any court hearing, including a trial, an
attorney shall notify the calendar clerk of each court involved, in
writing, indicating which hearing was set first. A party shall not
be deemed to have been served within the meaning of this section
until that party actually has received a copy of the documents to be
served, unless the party, after receiving actual notice of the
request for continuance, waives the right to have the documents
served in a timely manner. Regardless of the proponent of the
motion, the prosecuting attorney shall notify the people's witnesses
and the defense attorney shall notify the defense's witnesses of the
notice of motion, the date of the hearing, and the witnesses' right
to be heard by the court.
(c) Notwithstanding subdivision (b), a party may make a motion for
a continuance without complying with the requirements of that
subdivision. However, unless the moving party shows good cause for
the failure to comply with those requirements, the court may impose
sanctions as provided in Section 1050.5.
(d) When a party makes a motion for a continuance without
complying with the requirements of subdivision (b), the court shall
hold a hearing on whether there is good cause for the failure to
comply with those requirements. At the conclusion of the hearing,
the court shall make a finding whether good cause has been shown and,
if it finds that there is good cause, shall state on the record the
facts proved that justify its finding. A statement of the finding
and a statement of facts proved shall be entered in the minutes. If
the moving party is unable to show good cause for the failure to give
notice, the motion for continuance shall not be granted.
(e) Continuances shall be granted only upon a showing of good
cause. Neither the convenience of the parties nor a stipulation of
the parties is in and of itself good cause.
(f) At the conclusion of the motion for continuance, the court
shall make a finding whether good cause has been shown and, if it
finds that there is good cause, shall state on the record the facts
proved that justify its finding. A statement of facts proved shall
be entered in the minutes.
(g)
(1) When deciding whether or not good cause for a continuance
has been shown, the court shall consider the general convenience and
prior commitments of all witnesses, including peace officers. Both
the general convenience and prior commitments of each witness also
shall be considered in selecting a continuance date if the motion is
granted. The facts as to inconvenience or prior commitments may be
offered by the witness or by a party to the case.
(2) For purposes of this section, "good cause" includes, but is
not limited to, those cases involving murder, as defined in
subdivision (a) of Section 187, allegations that stalking, as defined
in Section 646.9, a violation of one or more of the sections
specified in subdivision (a) of Section 11165.1 or Section 11165.6,
or domestic violence as defined in Section 13700, or a case being
handled in the Career Criminal Prosecution Program pursuant to
Sections 999b through 999h, or a hate crime, as defined in Title 11.6
(commencing with Section 422.6) of Part 1, has occurred and the
prosecuting attorney assigned to the case has another trial,
preliminary hearing, or motion to suppress in progress in that court
or another court. A continuance under this paragraph shall be
limited to a maximum of 10 additional court days.
(3) Only one continuance per case may be granted to the people
under this subdivision for cases involving stalking, hate crimes, or
cases handled under the Career Criminal Prosecution Program. Any
continuance granted to the people in a case involving stalking or
handled under the Career Criminal Prosecution Program shall be for
the shortest time possible, not to exceed 10 court days.
(h) Upon a showing that the attorney of record at the time of the
defendant's first appearance in the superior court on an indictment
or information is a Member of the Legislature of this state and that
the Legislature is in session or that a legislative interim committee
of which the attorney is a duly appointed member is meeting or is to
meet within the next seven days, the defendant shall be entitled to
a reasonable continuance not to exceed 30 days.
(i) A continuance shall be granted only for that period of time
shown to be necessary by the evidence considered at the hearing on
the motion. Whenever any continuance is granted, the court shall
state on the record the facts proved that justify the length of the
continuance, and those facts shall be entered in the minutes.
(j) Whenever it shall appear that any court may be required,
because of the condition of its calendar, to dismiss an action
pursuant to Section 1382, the court must immediately notify the Chair
of the Judicial Council.
(k) This section shall not apply when the preliminary examination
is set on a date less than 10 court days from the date of the
defendant's arraignment on the complaint, and the prosecution or the
defendant moves to continue the preliminary examination to a date not
more than 10 court days from the date of the defendant's arraignment
on the complaint.
(l) This section is directory only and does not mandate dismissal
of an action by its terms.
The following is from the CA Constitution:
CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 15. The defendant in a criminal cause has the right to a
speedy public trial, to compel attendance of witnesses in the
defendant's behalf, to have the assistance of counsel for the
defendant's defense, to be personally present with counsel, and to be
confronted with the witnesses against the defendant. The
Legislature may provide for the deposition of a witness in the
presence of the defendant and the defendant's counsel.
Persons may not twice be put in jeopardy for the same offense, be
compelled in a criminal cause to be a witness against themselves, or
be deprived of life, liberty, or property without due process of law.