Right to a Speedy Trial

[SNC900]

My question involves a speeding ticket from the State of: California

I read about the right to have a trial within 45 days from the date of arraignment. In my case, I went to clerk's office (April this year) to get the date of my arraignment (May this year). The trial was scheduled by a judge for August at my arraignment. Later, I received a court notice that my case had been re-scheduled for September by a citing officer's request.

I wonder if I still have the right for a speedy trial. If I do, would it be possible to ask for a dismissal when I go to court in September. Thanks a lot for your advice.

[EWYLTJ]

As long as you signed nothing waiving your right to a speedy trial and you actually did your arraignment in person, then you are a winner.

[lwpat]

Unfortunately this is incorrect. If you do not demand a speedy trial, then you have waived it.

[EWYLTJ]

Where did you come up with that nonsense from??

This is from the Penal Code:

1382. (a) The court, unless good cause to the contrary is shown,
shall order the action to be dismissed in the following cases:

(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

Where do you see anything about "demanding a speedy trial"???

[Scruit]

Can you access the court records online? See if they have you listed as "time waived" or "time not waived"

What documents did you sign when you entered your plea? Usually they have you sign things liek the plea entry and have you sign for your bond (probabyl Own Recognizance) etc. Just be sure one of those forms you signed wasn't a waiver of "time".

[SNC900]

Thank you all for your responses.
The only paper I've signed so far was the notice of arraigment ("I promise to appear in court on 05/14/08 ... for arr. ..... I understand that this is not a trial and the officer will not be present.")

At the arraignment the judge set a trial date on August 4 and asked me if it'd be OK. I knew I would be able to make it, so I said yes. Then a clerk handed over a copy of traffic docket and minutes to me showing the court date. She did not ask me to sign it.

Now I look at this copy and I see 4 boxes (marked TW, AW, JW, TWS) and TW is crossed. Does it mean "time waived"?

Appreciate your clarification.

[seniorjudge]

Unfortunately this is incorrect. If you do not demand a speedy trial, then you have waived it.

Correct.

Poster, read this:

http://law.onecle.com/california/penal/1382.html

[SNC900]

Thank you all for your responses.
The only paper I've signed so far was the notice of arraigment ("I promise to appear in court on 05/14/08 ... for arr. ..... I understand that this is not a trial and the officer will not be present.")

At the arraignment the judge set a trial date on August 4 and asked me if it'd be OK. I knew I would be able to make it, so I said yes. Then a clerk handed over a copy of traffic docket and minutes to me showing the court date. She did not ask me to sign it.

Now I look at this copy and I see 4 boxes (marked TW, AW, JW, TWS) and TW is crossed. Does it mean "time waived"?

Appreciate your clarification.

[SNC900]

Thank you very much, seniorjudge, for referring me to California Penal Code Section 1382. Now I understand, that I waived my right at the point when I consented to the trial date of August 4. However, I was notified later that the trial had been rescheduled to September 3 upon a request from a citing officer. If I read the statute 1382 correctly, in my case the trial must have been on August 4 or 10 days thereafter (but not September 3) in order not to have grounds for dismissal. Section 1382 (a) (3) (B) reads:

" ... 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."

Would it still be possible to ask for a dismissal when I go to court in September?

Thanks a lot for your advice.

[lwpat]

No. Again you have to claim your right to a speedy trial. You should have immediately notified the court in writing that you were not waiving your right and objecting to the continuation. You can still try in Sept. but I doubt the trial judge will go along with it.