Los Angeles, CA asked in Criminal Law and Gov & Administrative Law for California

Q: if one charge was dropped for a violation of PC 1382 speedy trial violation can I have the rest dropped for same reason?

I was involved in a criminal trial on 05/30/24, judge declared a mistrial and on that day after reviewing the case summary I seen that one of the counts was dropped due to PC 1382 violation of speedy trial rights. can I utilize that to get the rest of the counts dismissed? so I can have the whole case dropped finally.

1 Lawyer Answer
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you provided, it seems that one charge in your case was dismissed due to a violation of California Penal Code Section 1382, which protects a defendant's right to a speedy trial. However, the dismissal of one charge due to a speedy trial violation does not automatically lead to the dismissal of all other charges in the case.

Each charge is typically considered separately when it comes to speedy trial violations. The court will examine the specific circumstances surrounding each charge to determine if there was a violation of PC 1382.

To get the remaining charges dismissed based on the same speedy trial violation, you would need to demonstrate that the violation applied to all the charges, not just the one that was already dismissed. This can be a complex legal argument, and it's highly recommended that you consult with a criminal defense attorney who can review the specific details of your case and advise you on the best course of action.

Your attorney can analyze the case summary, the reasons behind the dismissal of the single charge, and determine whether there are grounds to argue for the dismissal of the remaining charges based on the speedy trial violation. They can then present this argument to the court on your behalf.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.