California Penal Code § 1382 protects one of the most essential rights in the American legal system: the right to a speedy trial. This legal provision ensures that individuals facing criminal charges are not subjected to unnecessary delays that could jeopardize their freedom and ability to defend themselves fairly.
This article provides a comprehensive, easy-to-understand explanation of Penal Code § 1382, including how it works, who it applies to, what the deadlines are, and what your options are if your trial is delayed.
What Is California Penal Code § 1382?
California Penal Code § 1382 outlines mandatory timeframes within which the state must bring a criminal case to trial. If these deadlines are not met—and no valid reason justifies the delay—the case must be dismissed.
The goal is to protect individuals from:
Being kept in jail too long without trial
Suffering from prolonged legal uncertainty
Losing evidence or witnesses that may help in their defense
Time Limits Set by § 1382
The statute sets specific deadlines for when a case must go to trial based on the type of charge and whether the defendant is in custody.
Felony Charges
For felony cases, trial must begin within 60 calendar days of the defendant’s arraignment (the formal reading of charges in court).
Misdemeanor Charges
If the defendant is in custody, trial must start within 30 days of arraignment.
If the defendant is out of custody, the deadline is within 45 days after arraignment.
If the prosecution or court fails to meet these timelines and no lawful excuse exists, the case must be dismissed upon request by the defense.
What Happens if These Deadlines Are Missed?
If a trial doesn’t begin within the required time limits, the defense has the right to file a motion to dismiss the case. The judge will then review whether the delay was excused by law.
If no valid waiver or good cause is shown, the judge is legally obligated to dismiss the charges.
Exceptions to the Rule: When Delays Are Allowed
Waiver by the Defendant
A defendant may choose to waive their right to a speedy trial. This usually happens when more time is needed to prepare the case or negotiate a resolution. Once waived, the legal time limit is extended or suspended until a new date is agreed upon.
Good Cause
Courts may also delay a trial past the statutory deadline if the prosecution shows “good cause.” Common examples might include:
Sudden illness of a key witness
Emergency events that close the court
Unavoidable scheduling conflicts
However, courts are strict. Routine problems like overbooked calendars or minor administrative issues usually do not qualify as good cause under this law.
Legal Strategy and Why It Matters
If you’re involved in a criminal case, knowing the time deadlines under § 1382 can make a real difference in the outcome. These rights are enforceable, and courts must uphold them unless very specific exceptions apply.
Here’s how this can affect your case:
If you are in jail and your trial is delayed beyond the legal limit without good reason, your attorney can move to dismiss the case.
If you agreed (waived) the deadline, the countdown resets, and a new trial date must be set within a reasonable time.
If no action is taken by your attorney to challenge a missed deadline, you could forfeit your right to object later.
Understanding and asserting your rights early is critical.
Examples
1. A person is charged with felony assault and arraigned on March 1. Under § 1382, trial must begin no later than April 30 (60 days later). If the trial hasn’t started and the defendant hasn’t waived time or there is no good cause, the court must dismiss the case upon a proper motion.
2.Someone is charged with a misdemeanor for DUI, arraigned on June 1, and remains in custody. Their trial must start by July 1 (30 days). If it doesn’t, and no exception applies, the defense can file for dismissal.
Conclusion
California Penal Code § 1382 is more than a technical rule—it’s a critical protection for defendants facing criminal charges. Delays in court should not come at the expense of your freedom or your ability to defend yourself. Whether you’re currently facing charges or simply want to better understand your legal rights, staying informed is the first step to protecting yourself.
Protect Your Rights with Experienced Legal Help
At Southwest Legal, we believe every person deserves a fair and timely trial. If you’ve been charged with a crime and think your speedy trial rights may have been violated, our experienced criminal defense attorneys are ready to help.
We will:
Evaluate whether your rights under Penal Code § 1382 have been violated
File appropriate motions to dismiss unlawful charges
Advocate on your behalf in court
Guide you through the entire legal process with clear, honest advice
Don’t wait—missing a key deadline could harm your case. Contact us today for a free consultation. We’ll discuss your case, explore your legal options, and help protect your rights from the very start. We’re here to stand with you—every step of the way.
