Have you objected to the new trial date? See, e.g., People v. Hender ("In this case, we must presume that defendant consented to the setting of a trial date outside the 60-day period as he did not object to the trial date at the time it was set.")
Have you objected to the new trial date? See, e.g., People v. Hender ("In this case, we must presume that defendant consented to the setting of a trial date outside the 60-day period as he did not object to the trial date at the time it was set.")
Thank you so much for replying. No I haven't. The form the clerk sent gives me 10 days to object to anything on the form, but since I have not been arraigned nor have I plead in court, I am worried objecting is not useful. In Hender's case, which was a felony case, he'd already been arraigned and had pleaded, which gives him a right to a speedy trial according to PC 1382. What I wonder is can I now ask for an arraignment so I can plead in court to get the clock running according to PC 1382. I also have a motion for discovery filed before the court. Can that help to get me get hearing where, I would assume, I'd have to be arraigned and plead beforehand?
PC 1382 doesn't apply to your case yet, because the period described in that statute is for time that elapses between arraignment and trial. It sounds like you're using the procedure described in CVC 40519. There, the defendant is arraigned and tried at the same hearing. No time elapses between the arraignment and trial. "Since its inception in 1968, section 40519 has declared that any person using the procedure thus authorized is deemed to have waived his right to be tried within the 'statutory period of time.'" (People v. Prince (1976) 55 Cal.App.3d Supp. 19) By using this procedure, which is intended as a convenience to defendants, the courts have held that this waives your right to a speedy trial. If you don't want to use the procedure described in VC 40519 then you can try going to court and talking to the clerk. There you can request that you be scheduled for an arraignment instead of an arraignment and trial on the same day. When you're arraigned the court should set a trial date. Make sure you don't waive time at that hearing, or consent to a trial date that's more than 45 days after the arraignment.