How long does the court have to start a speedy trial?
Well, that depends. Heres why: A criminal defendant has a right to a speedy trial. This right is guaranteed by the Sixth Amendment of the United States Constitution. But it is also guaranteed by the California Constitution, in Article 1, section 15. Not only that, but the Legislature in California has passed several laws, called statutes, which require prosecutors and courts to make sure that a criminal defendant gets a speedy trial. The federal and state constitutions and the statutes all operate differently. That is why the answer to your question is, It depends. Generally, though, the California statute Penal Code section 1382 provides that a person charged with a misdemeanor who is in jail has a right to a jury trial within 30 days after arraignment, and a person charged with a felony has a right to a jury trial within 60 days after arraignment. Under both the federal and state constitutions, most courts say the rule is that there can be no unreasonable or uncommonly long delay in
