Does a defendant waive his right to speedy trial by agreeing to the dismissal of the second case?
California, United States of America
The following excerpt is from People v. Stokes, G029976 (Cal. App. 11/17/2003), G029976. (Cal. App. 2003):
The Attorney General argues that defendant waived his right to speedy trial because he agreed to the dismissal of the first case while acting as his own attorney. "Generally it is true that a defendant who elects to be his own attorney may not thereafter seek a reversal of his conviction based on incompetent representation. [Citation.]" (People v. Mendoza (2000) 24 Cal.4th 130, 157.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Does a defendant who fails to make a prior demand for a speedy trial have a right to speedy trial? (California, United States of America)
Does a defendant who is read his Miranda rights knowingly, voluntarily and intelligently waive their right to remain silent have knowingly waived their rights? (California, United States of America)
Does a defendant have waived his or her speedy trial rights by entering into a personal injury case? (California, United States of America)
Does the fact that a defendant agreed to waive his right to a jury trial on two prior convictions in a different case create a jurisdictional problem? (California, United States of America)
Can a defendant in a criminal case waive his right to be mentally present at trial by not eating a lunch provided to him? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does section 1387 of the Penal Code, which permits refiling a felony complaint after dismissal, deprive defendants of the right to a speedy trial? (California, United States of America)
Does defendant's voluntary absence operate to waive his constitutional right to be present at trial and permitted continuation of the trial? (California, United States of America)
Can a defendant in a civil case who is seeking personal representation at trial be denied the right to be personally present at trial? (California, United States of America)
