on 9/24 and I plead not guilty, posted bail, and scheduled a trial for 10/18, with county clerk. I never waived my right to a speedy trial within 45 days.
But it does say on the form I agree to appear for arraignment and trial on 10/18. (but the document does say on it trial to be within 45 days)
I just received a letter in the mail saying "Per request and judges orders, the court trial has been rescheduled from 10/18 to 11/19."
Can I refuse to reschedule my case in any way? (assuming the officer is on vacation or something)
Do I have grounds for dismissal based on the sixth amendment and section 1382(c) of the penal code. It would appear i haven't been arraigned yet...
Should I file a pretrial motion for dismissal, or should I just wait for trial and ask for dismissal once the trial begins. And if I do file a pretrial motion, should I wait until 45 days have lapsed, or just file the motion ASAP?