Right to speedy trial

The Right to Speedy Trial encompasses several constitutional and statutory rights.

Constitutional right against pre-accusation delay

Pre-accusation delay is delay between the crime itself and the arrest or charging of the defendant. This is subject to the Due Process clauses of the Fourteenth Amendment to the United States Constitution and the California Constitution, article I, section 7.

Constitutional right against post-accusation delay

Post-accusation delay is delay between arrest of the defendant or filing of the accusations and trial. This is subject to the speedy trial clauses of the Sixth Amendment to the United States Constitution and California Constitution article I, section 15.

Federal speedy trial right

Barker v. Wingo set out a multi-factor balancing test to determine if a case should be dismissed because of post-accusation delay. The four factors are "Length of delay, the reason for the delay, the defendant’s assertion of his right, and prejudice to the defendant.” (407 U.S. at p. 530, fn. omitted.)

Statutory rights

Right to speedy trial

Offense	Deadline	Code
In-custody at arraignment for misdemeanor	30 days after arraignment or entry of plea	PC1382(a)(3)
Out-of-custody at arraignment for misdemeanor	45 days after arraignment or entry of plea	PC1382(a)(3)
Felony	60 days after arraignment on information or indictment	PC1382(a)(2)

Continuances to obtain witnesses

The rule established by People v. Wilson, and approved by the California Supreme Court in Owens v. Superior Court is:

"[in] order to invoke the discretion of the trial court to grant a continuance to obtain the presence of a witness, the moving party has the burden of showing  [*251]  that the following legal criteria have been satisfied: (1) That the movant has exercised due diligence in an attempt to secure the attendance of the witness at the trial by legal means; (2) that the expected [****23]  testimony is material; (3) that it is not merely cumulative; (4) that it can be obtained within a reasonable time; and (5) that the facts to which the witness will testify cannot otherwise be proven." ( People v. Wilson (1965) 235 Cal.App.2d 266, 273 [45 Cal.Rptr. 267], citations omitted. Cf. Ford v. Superior Court (1911) 17 Cal.App. 1, 10-11 [118 P. 96].) (Owens v. Superior Court of Los Angeles County (1980) 28 Cal.3d 238, 250-251, quoting People v. Wilson (1965) 235 Cal.App.2d 266, 273.)

People v. Shane (2004) 115 Cal.App.4th 196

People v. Howard (1992) 1 Cal.4th 1132 The granting or denial of a continuance during trial traditionally rests within the sound discretion of the trial judge. (People v. Laursen (1972) 8 Cal.3d 192, 204 [104 Cal. Rptr. 425, 501 P.2d 1145]; see also People v. Grant (1988) 45 Cal.3d 829, 844 [248 Cal. Rptr. 444, 755 P.2d 894].)

Brown v. Superior Court (1987) 189 Cal.App.3d 260

People v. Brown (1956) 141 Cal.App.2d 299