Is a defendant's failure to object to the delay and thereafter move for dismissal of the charges a waiver of his right to speedy trial?

California, United States of America


The following excerpt is from People v. Ball, F063105 (Cal. App. 2013):

" '[A] defendant's failure to timely object to the delay and thereafter move for dismissal of the charges is normally deemed a waiver of his right to a speedy trial.' " (People v. Harrison, supra, 35 Cal.4th at pp. 225-226.) While defense counsel objected to the continuances motions made by the codefendants, and complained that defendant's speedy trial rights were being violated, defendant never moved for a dismissal of the charges based on the alleged violation of his speedy trial rights.

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