California, United States of America
The following excerpt is from Bellante v. The Superior Court Of Kern County, No. KM019112A, NO. S-1500-AP-721 (Cal. App. 2010):
release upon a promise to appear. Obviously, the typical delay involves a defendant's failure to make the promised appearance. Such a failure necessarily satisfies the People's burden to justify the delay and put it at the feet of the defendant, requiring a Barker analysis by the court. (See Ogle v. Superior Court (1992) 4 Cal.App.4th 1007.) Here, the rare circumstance is presented where the People concede that no justification for delay was presented by competent evidence, nor is any shown by the record.1
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.