Ca DUI arrest speedy trial?
Arrested over four months ago in orange county ca for DUI, went to my court date about a month after to discover my name wasnt on the roster. Bit over three months later(today) I receive a letter from the DA with a new court date next month. Can speedy trial apply to this or am I screwed because I h...
Arrested over four months ago in orange county ca for DUI, went to my court date about a month after to discover my name wasnt on the roster. Bit over three months later(today) I receive a letter from the DA with a new court date next month. Can speedy trial apply to this or am I screwed because I havent heard the charges from a judge yet?
Bobby - I will be obtaining legal council in a few days, but I just got the letter today and was trying to feel out the possibilities first.
The constitutional right to speedy trial attaches when the charge is filed, not when you are arrested. Even if the charge was filed 4 months ago, a delay of that length would not raise a constitutional issue absent a very strong showing of prejudice to your defense. The statutory right to speedy trial does not attach until you are arraigned and enter a plea.
So…no speedy trial issue here.
I gather from this question you are dealing with this on your own. This is the dumbest thing you can do. This DUI is not a standard traffic offense.
I strongly suggest you contact a lawyer about this. Even if you can’t afford one, contact a lawyer.