Does a defendant have to assert his right to a speedy trial?

California, United States of America


The following excerpt is from Ogle v. Superior Court, 4 Cal.App.4th 1007, 6 Cal.Rptr.2d 205 (Cal. App. 1992):

Defendant's assertion of his right: Ogle did not assert his speedy trial right for more than two years after the complaint was filed. If he knew or constructively knew of the pending case, his failure to assert his right might well be dispositive. "[F]ailure to assert the right will make it difficult for a defendant to prove that he was denied a speedy trial." (Barker v. Wingo, supra, 407 U.S. at p. 532, 92 S.Ct. at p. 2193.) However, if Ogle did not know of the pending case, his failure to assert his right would be excused.

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