Speedy Trial Rights Explained

Summary

In California, defendants have a right to a speedy trial under Penal Code Section 1382, which mandates dismissal if not brought to trial within a specified time unless theres good cause for delay. Delays due to prosecutions need for a witness may not always qualify as good cause. Its advisable for the defendant to consult with their attorney about filing a motion to dismiss or exploring other legal strategies. Consider seeking advice from a local attorney in Sacramento for more specific guidance.

Full Conversation

Hello okay so I have a friend who is 80 years old and he is sitting in the Sacramento jail right now I'm facing six counts of * okay and the reason why he has this is because 20 years ago there were two different allegations made one from his daughter one cuz he was a school teacher went from a student saying that he touched someone appropriately or whatever anyways I go go for a criminal proceedings so this 80 year old man has been sitting in jail for a year and he's never waived his right to first speedy trial and the end of his 60 days is on the 19th of this month and the prosecutor wants to trail it out 5 months so the key the key FBI investigator at that time who is on maternity leave could be there however because there was no there was no findings for it and it was only until the silver the civil case that we can give his attorney or how to do a motion to dismiss or anything like that can you help me with everything
In Ohio, a defendant's right to a speedy trial is protected by both state law and the U.S. Constitution. Here's some general information:
- A motion to dismiss for violation of the right to a speedy trial can be filed if the trial is unreasonably delayed.
- Factors considered include the length of delay, the reason for the delay, the defendant's assertion of their right, and prejudice to the defendant.
To assist further, it would be best for your friend to consult with his attorney about filing a motion to dismiss or another legal strategy. Would you like help finding a local attorney for more specific advice?
And this is in California Sacramento California
In California, the right to a speedy trial is similarly protected. Here's some general information:
- California Penal Code Section * mandates dismissal if a defendant isn't brought to trial within a specified time unless there's good cause for delay.
- Delays due to the prosecution's need for a witness might not always qualify as "good cause."
Would you like help finding a local attorney in Sacramento for more specific advice?