Facing criminal charges in California is a stressful experience, and one of the most important rights a defendant has is the right to a speedy trial. This right helps prevent unnecessary and prolonged legal battles, protecting the accused from undue hardship and ensuring fairness in the criminal justice process.
However, despite this right, many defendants encounter delays—not only caused by the prosecution but also by the court system itself. These delays can significantly affect the outcome of a case and the defendant’s life. Understanding when and how to object to court delays is critical for protecting your rights.
In this article, we will explain the legal basis of the right to a speedy trial in California, the difference between prosecutorial and court delays, when and how you can object to delays caused by the court, practical steps to enforce your speedy trial rights, and key case law and procedures relevant to court delays.
What is the Right to a Speedy Trial in California?
The right to a speedy trial is guaranteed by:
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The California Constitution (Article I, Section 15)
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California Penal Code Section 1382
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The Sixth Amendment to the U.S. Constitution (applied to states via the 14th Amendment)
This right means that the prosecution and the court must bring your criminal case to trial within a reasonable time after charges are filed and you are arraigned.
Speedy Trial Deadlines Under Penal Code §1382
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Felonies must be tried within 60 days of arraignment.
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Misdemeanors must be tried within 30 days.
Delays beyond these limits, without good cause, may justify dismissal of charges.
Understanding Different Types of Delays
When we talk about delays in criminal cases, it’s important to understand the source:
1. Prosecutorial Delays
These occur when the district attorney’s office or prosecution team fails to move the case forward timely. Such delays are often the basis for motions like the Serna motion to dismiss.
2. Court Delays
These delays happen due to the court’s scheduling issues, including:
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Overbooked court calendars
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Unavailability of judges or courtrooms
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Administrative errors or backlog
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Postponements due to court’s internal reasons
Court delays are beyond the control of the prosecution but can still infringe on your right to a speedy trial.
3. Defendant-Requested Delays
Sometimes the defense requests continuances or causes delays—for example, needing more time to prepare. These do not count against the prosecution or court.
When Can You Object to Court Delays?
You can object to court delays when:
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The delay is unreasonable and exceeds statutory speedy trial limits.
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The court is responsible for the delay, not you or the prosecution.
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The delay causes prejudice or harm, such as increased anxiety, loss of evidence, or impacting your ability to mount a defense.
How Courts View Delays
California courts recognize that some delay is inevitable, especially due to complex cases or unavoidable circumstances. However, when delays are systemic or excessive without valid reasons, defendants have the right to raise objections.
Legal Framework for Objecting to Court Delays
California Penal Code Section 1382
This code requires the trial to begin within the time limits unless good cause for a continuance is shown. If the court causes delays without just cause, you can file a motion to dismiss.
Case Law Examples
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Serna v. Superior Court (1975): Established that the court must dismiss charges if the prosecution delays trial unreasonably.
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People v. Superior Court (Holtz) (1982): Explained that delays caused by the court system can violate speedy trial rights.
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People v. Gomez (1995): Courts weigh factors like length of delay and prejudice to defendant when ruling on objections.
How to Object to Court Delays: Practical Steps
1. Monitor Your Case Timeline
Keep track of:
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Arraignment date
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Scheduled trial dates
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Any continuances or postponements and their reasons
2. Assert Your Right Early
Speak up at court hearings or through your attorney if you believe the case is being delayed unfairly.
3. File a Motion to Dismiss
If delays violate speedy trial laws, your attorney can file a motion to dismiss the case based on lack of speedy trial. This may be similar to or combined with a Serna motion if prosecution delays are also involved.
4. Document Prejudice
Explain how the delay has harmed your defense, such as lost witnesses, faded memories, or personal hardships.
What Happens If the Court Grants Your Objection?
If the judge finds the court delays unjustified and prejudicial:
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The charges can be dismissed with prejudice, ending the case permanently.
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This protects you from ongoing stress and legal uncertainty.
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It also upholds the integrity of your constitutional rights.
When Might the Court Deny Your Objection?
The court may deny your motion if:
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The delay was reasonable under the circumstances.
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The delay was caused or requested by the defense.
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The prosecution shows good cause or justification for the delay.
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There is no significant prejudice to your case.
Tips for Defendants Facing Court Delays
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Work closely with your attorney to understand your rights and options.
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Request status updates regularly to avoid surprises.
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Be proactive in asserting your right to a speedy trial.
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Stay organized with all court documents and communications.
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Understand exceptions — complex cases or unforeseen events may justify some delays.
Conclusion
Your right to a speedy trial in California protects you from excessive delays that can disrupt your life and impair your defense. While much attention focuses on prosecutorial delays, court delays can also violate this right.
By understanding when and how to object to court delays, you can take meaningful action to enforce your constitutional and statutory protections. Whether through timely objections, motions to dismiss, or working closely with your defense attorney, you can help ensure your case proceeds fairly and promptly.
If you are facing delays or feel your right to a speedy trial is being compromised, consult a qualified California criminal defense attorney to explore your options and protect your rights.
Frequently Asked Questions (FAQs)
Q: Can delays caused by the court be grounds for dismissal?
A: Yes, if the delay is unreasonable and without good cause, you can object and seek dismissal.
Q: What if I requested the delay myself?
A: Delays caused by the defendant do not count against the court or prosecution.
Q: How soon should I assert my speedy trial rights?
A: As early as possible to avoid waiving your rights.
Q: Can I file a Serna motion for court delays?
A: Serna motions focus on prosecutorial delays, but motions to dismiss under Penal Code §1382 can address court delays.
