Your speedy trial rights may be used strategically to get a more favorable plea deal.
Every defendant in a criminal case in the United States and here in California has certain rights. In the COVID-19 era, some of these rights — in particular, the right to have your case brought to trial within a certain time period — may be exercised strategically in order to resolve your case in a favorable way.
A Los Angeles County criminal lawyer develops a case strategy for clients based on the facts of the case, the laws that apply to the case, and procedural tactics that may be used to the client’s advantage. This case strategy can and should be adjusted as things change in a particular case.
The COVID-19 pandemic has led to a significant backlog of both civil and criminal cases, as trials and hearings have been pushed back to the fall and later. In the criminal justice system, this has led to courts having far too many cases to handle and bulging trial calendars.
This reality may be used to your advantage, as Attorney Dan E. Chambers explains in this video. Defendants in criminal cases have certain rights that have been impacted by the pandemic and the ensuing backlog of cases. This includes the right to have a case brought to trial within a certain time frame (speedy trial) and the right to a timely preliminary hearing for felony charges.
Under California law, felony cases must be brought to trial within 60 days of the date of the arraignment, reinstatement of the case, or an order granting a new trial after a mistrial. Misdemeanor and infraction charges must be brought to trial within 30 days after an individual is arraigned or enters a plea to the charges, or 45 days if the defendant is in custody. In many cases, felony charges are brought to trial within 4 months in California, while misdemeanor cases may be brought to trial within a month to a month and a half.
The right to a speedy trial can be used to your advantage during the COVID-19 pandemic. If you exercise your right to a speedy trial, your case will be positioned in the middle of the backlog of court cases. This can improve the likelihood of getting a favorable deal from the assistant district attorney handling your case. This is particularly true if the charges against you are borderline, or if you have a strong defense. By exercising your right to a speedy trial, you’ll get your case on the calendar for the fall. As trial gets closer, the prosecutor will want to resolve your case (especially if it is marginal). In this way, your speedy trial right can be used to compress the time line of your case, move your case forward, and put pressure on the district attorney to make a reasonable offer.
If you are currently facing criminal charges in California, reach out to The Chambers Law Firm. In a free consultation, we’ll take a look at the facts of your case, the charges against you, and any potential defenses, and then work with you to make an informed decision about how to proceed. To learn more or to schedule a consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
