What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right?

California, United States of America


The following excerpt is from People v. Venable, E071681 (Cal. App. 2020):

"The second difference is in the showing that a defendant must make to obtain a dismissal for violation of the speedy trial right." (People v. Martinez, supra, 22 Cal.4th at p. 755.) Under the state Constitution, no matter how long the total delay after attachment of the right and before trial, there is no presumption of prejudice. (Id. at pp. 765-767.) "[A] showing of specific prejudice is required to establish a violation of our state Constitution's speedy trial right." (Id. at p. 756.)

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