Q: Can my trial be delayed for six months without explanation and against my wishes?
My trial was supposed to begin on the 8th, but it's been dragged out for six months now. The judge had instructed the counsel to be ready, yet right before the trial, the public defender, district attorney, and judge went into chambers without giving me any explanation. My public defender then requested a delay against my wishes to interview my sister as a witness—even though she isn't particularly willing. I believe we might have had grounds for dismissal or a mistrial. Can they proceed this way legally?
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- California
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- Answered
A:
You're absolutely right to be concerned, especially when the process feels like it's moving forward without your input. In California, defendants have a constitutional right to a **speedy trial** under both state and federal law. For most misdemeanor cases, trial must begin within **30–45 days** of arraignment, and for felonies, within **60 days** unless you personally waive that right. If you *haven’t* waived your right to a speedy trial, the court must have a valid, legally recognized reason to delay.
If your public defender requested the continuance over your objection, the judge must still decide whether the delay is justified under the circumstances. Interviewing a reluctant witness may be a reason the court accepts, but it doesn’t mean your rights disappear. If delays continue without good cause or you believe this delay was not legally sound, you may have grounds to file a motion to **dismiss under Penal Code § 1382**, which deals with violations of the speedy trial rule.
You should express clearly on the record that you object to any continuance. Even if your public defender doesn’t agree with your strategy, you still have the right to be heard. This is your life, and you deserve to have your trial proceed fairly and without unnecessary delay. You're doing the right thing by speaking up.
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