Legal Reference Question of the Week
Q. How do I request a speedy trial?
A kind friend was researching this issue for a defendant who was charged with a misdemeanor.
The right to a speedy trial is codified in the California Penal Code §686(1) and is also guaranteed in the California Constitution Article I, §15. We were able to find the information the patron was looking for in California Criminal Defense Practice, Chapter 62: Speedy Trial which states:
“California defendants have a statutory right to be brought to trial within 45 days for a misdemeanor…(§62.03).” Furthermore, “the defendant must assert the right to a speedy trial in the trial court before trial by objection. If the objection is overruled, the defendant must move to dismiss the action.”
The chapter goes into further details about the procedure and provides a sample motion form. The book is available at our four branch locations.