What is the test for a criminal defendant to have a speedy trial?

California, United States of America


The following excerpt is from People v. Lavergne, B289080 (Cal. App. 2019):

"The California Constitution guarantees criminal defendants the right to a speedy trial. (Cal. Const., art. I, 15.)" (People v. Lowe (2007) 40 Cal.4th 937, 939.) "[T]he state constitutional right arises upon the filing of a felony complaint." (Id. at p. 942.) "The defense has the initial burden of showing prejudice from a delay in bringing the defendant to trial." (Ibid.) The defendant "must show that the delay has impaired the ability to defend against the charged crime because, for instance,

Page 18

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)
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)
When two or more criminal charges are consolidated for trial against a single defendant, does Section 954 of the California Criminal Code require a separate trial? (California, United States of America)
Does a defendant have to make a prior demand for a speedy trial as a condition for consideration of a motion for speedy trial? (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)
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)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a criminal defendant be deprived of a speedy trial because the prosecution is lazy or indifferent? (California, United States of America)
What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.