When it comes to criminal defense both sides are entitled to have the case tried and dealt with within a reasonable amount of time. There are all kinds of time-stamps related to cases. Once you get in the trial court in a felony in a criminal case in San Fernando or Van Nuys, CA, they have to get you to trial within sixty days, and both sides have that right.
California 1050 Motion for a Continuance
The prosecution can force a trial within sixty days as well unless one side can come up with an argument that they need more time. If they do, then they’ll file what’s called a 1050 motion pursuant to that Penal Code and basically have to show good cause why they need to continue the case. Otherwise, everybody has a right to a speedy trial and that case is going to move to trial very quickly.
The reality is, most times criminal cases are going to move in a way that makes sense for both sides. If the defense needs more time to investigate the case, then they’re going to request it and the prosecutors are going to typically agree to is, as will the judges, unless it starts to become ridiculous where there are multiple continuances and it’s just obvious that the defense is trying to stall for time.
Of course, the flip side is true as well. The prosecutors are going to get a reasonable amount of time to do their investigation, get their evidence together, get their witnesses available for trial or preliminary hearing, or any motions that are filed. But, the way that it works as far as speedy trial rights go is that, let’s say that defendant is ready for trial.
For more information on Speedy Criminal Defense Trial Motions, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.