Being charged with a crime is one of the most stressful experiences a person can face. While the criminal justice system can move slowly, the U.S. Constitution and California law guarantee a defendant the right to a speedy trial. This right is crucial to ensuring that criminal charges are resolved fairly and promptly, protecting the accused from unnecessary anxiety, prolonged detention, or the risk of lost evidence.
But what happens if that right is violated? Can your case be dismissed? Are there any legal remedies available? This article will break down everything you need to know if your right to a speedy trial has been denied in California—including your options, potential outcomes, and what courts consider when deciding whether to dismiss a case.
What Is the Right to a Speedy Trial?
The right to a speedy trial is protected under both federal and state laws:
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U.S. Constitution – Sixth Amendment: Guarantees a speedy and public trial.
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California Constitution – Article I, Section 15: Reaffirms the right to a speedy trial in all criminal prosecutions.
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California Penal Code §1382: Provides statutory timeframes for when a trial must begin.
California Time Limits for a Speedy Trial
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Misdemeanor cases: Trial must begin within 30 days of arraignment if the defendant is in custody, or 45 days if out of custody.
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Felony cases: Trial must begin within 60 days of the defendant’s arraignment.
If the case goes beyond these time limits without a valid reason—and the defendant has not agreed to waive the right—a violation of the right to a speedy trial may have occurred.
Common Causes of Speedy Trial Violations
Speedy trial rights can be violated in a variety of ways. Common examples include:
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Court backlog or scheduling issues: The court system is too busy or under-resourced to handle the case on time.
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Prosecutorial delay: The district attorney is not prepared or fails to bring the case to trial promptly.
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Failure to locate or serve the defendant: Especially in older or “cold” cases.
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Negligent delay: The government is simply slow or unorganized in pushing the case forward.
Important Note:
If you or your attorney request a delay, that time usually does not count against the court or prosecution. However, if you’re ready and willing to proceed, delays may support a claim for a violation.
What Happens if the Right Is Violated?
1. Filing a Motion to Dismiss
The primary remedy for a speedy trial violation is to file a motion to dismiss. This legal request asks the court to throw out the charges because your constitutional or statutory rights have been violated.
There are two main types:
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Statutory motion to dismiss under Penal Code §1382: For violations of California’s set timeframes.
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Constitutional motion (Sixth Amendment or state constitutional grounds): Based on broader constitutional protections, often filed when delays are excessive but fall into legal gray areas.
2. Court Hearing on the Motion
Once the motion is filed, the court will schedule a hearing. The judge will evaluate:
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The length of the delay
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The reason for the delay
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Whether the defendant asserted their right to a speedy trial
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The prejudice suffered by the defendant (e.g., lost witnesses, emotional distress)
These are known as the Barker v. Wingo factors (from a 1972 U.S. Supreme Court case), which California courts often apply when analyzing constitutional violations.
3. Court’s Decision: Dismissal or Continuation
If the judge agrees that your speedy trial rights were violated without good cause, the case may be:
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Dismissed with prejudice: The most favorable outcome. The charges are dropped permanently, and the prosecution cannot refile the case.
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Dismissed without prejudice: The charges are dismissed but can be refiled later, depending on the circumstances.
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Motion denied: The court finds no violation occurred or determines that delays were justified.
What Is “Prejudice” in a Speedy Trial Violation?
One of the most important elements in a speedy trial motion is showing prejudice—that the delay caused actual harm to the defendant.
Examples include:
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Loss of witnesses or evidence due to time passing
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Faded memories making it hard to mount a defense
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Emotional stress from prolonged legal uncertainty
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Prolonged incarceration while waiting for trial
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Employment or family disruption caused by legal delays
The stronger the argument for prejudice, the higher the chances of a successful dismissal.
What If You Didn’t Assert Your Right to a Speedy Trial?
If a defendant remains silent and does not demand a speedy trial, courts may conclude that the right was waived—even unintentionally.
That’s why it’s essential to:
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Formally object to delays on the record
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Refuse unnecessary continuances unless strategically important
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Have your attorney assert the right clearly during proceedings
Silence or passive acceptance of delays can weaken your legal position later.
Difference Between Statutory and Constitutional Violations
| Statutory Violation (PC §1382) | Constitutional Violation (6th Amendment / CA Constitution) |
|---|---|
| Based on California’s timeline rules | Based on fairness and reasonableness under the Constitution |
| Easier to prove – fixed deadlines | Harder to prove – requires showing of actual prejudice |
| Often leads to dismissal with prejudice | Court has more discretion on remedy |
| Delay beyond 30/60 days triggers the claim | Delay must be “unreasonable” or excessive |
Example: When the Court Dismisses a Case
Let’s say you are charged with a misdemeanor in California and you are not in custody. According to Penal Code §1382, your trial must start within 45 days of your arraignment.
If it’s now day 70, and:
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You’ve objected to all continuances
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You’ve made it clear you want to go to trial
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The delay is due to the court not having a judge available
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You’ve experienced anxiety, and key defense witnesses have moved out of state
You may have grounds to file a motion to dismiss. If granted, the charges could be dropped with prejudice, meaning you walk away without further legal consequences.
What If You’re Found Guilty After a Delay?
If the case goes to trial despite a significant delay, and you’re convicted, your attorney can raise the speedy trial issue on appeal. If an appellate court agrees that your rights were violated, the conviction could be overturned or remanded for a new trial.
How to Protect Your Speedy Trial Rights
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Hire a defense attorney early and discuss deadlines immediately.
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Track key dates: arraignment, pretrial motions, trial settings, and delays.
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Object on the record to unjustified continuances.
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Don’t agree to waivers unless it’s a strategic move advised by your lawyer.
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Keep documentation of how delays have harmed you.
Conclusion
The right to a speedy trial is more than a formality—it is a critical safeguard in the criminal justice process. If this right is violated, California law gives you powerful tools to protect yourself, including the ability to dismiss the case entirely under the right circumstances.
But success depends on timing, proper legal procedure, and a strong showing of prejudice. Whether you’re facing excessive delays or just want to be proactive, working with an experienced criminal defense attorney is essential to preserve your rights and fight for the best possible outcome.
Frequently Asked Questions (FAQs)
Q: Can my charges really be dismissed for delays?
Yes, if the court finds your right to a speedy trial was violated without good cause, it can dismiss the case.
Q: What’s the difference between “with prejudice” and “without prejudice”?
With prejudice means the case is permanently closed; without prejudice means it can be refiled.
Q: Do I have to object to delays to protect my rights?
Yes. If you don’t assert your right, courts may treat it as waived.
Q: Is every delay a violation?
No. Some delays are allowed if there’s “good cause” (e.g., witness illness, court unavailability).
If you believe your right to a speedy trial has been violated, don’t wait—consult with a defense attorney immediately to protect your legal options.
