Does the filing of a criminal complaint trigger a defendant's right to a speedy trial?

California, United States of America


The following excerpt is from People v. Gonzales, F062707 (Cal. App. 2012):

Appellant's federal constitutional claim in the misdemeanor case requires a different analysis. "[W]hen an offense is charged as a misdemeanor it is the filing of the complaint (or earlier arrest) which triggers the defendant's Sixth Amendment right to a speedy trial." (Serna v. Superior Court (1985) 40 Cal.3d 239, 245 (Serna).) Here, the complaint was filed on March 3, 2009; appellant was arrested in March 2011; and appellant entered his plea on April 27, 2011, slightly less than two years and three months after the filing of the complaint.

Other Questions


What is a defendant's right to speedy trial triggered by arrest or the filing of an official accusation? (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)
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)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Does a defendant have a right to a fair trial in a criminal trial? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Is a criminal defendant entitled to a personal waiver of his right to be present during a criminal trial? (California, United States of America)
Can a defendant who is represented by counsel during the first part of a criminal trial invoke his right to self-representation mid-trial? (California, United States of America)
What is the test for obtaining a written waiver of a criminal defendant's right to be present at a criminal 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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.