Does the right to a speedy trial extend to people NOT incarcerated?

Question

I have been waiting 2 years for a jury trial regarding a misdemeanor driving offense. Is this typical in CA?

Answer 1

Court dockets are typically full of garbage, petty misdemeanor cases which take a toll on the judicial system.

Answer 2

First of all, despite what those who do not know what they are talking about may say, you ARE entitled to a jury trial. California guarantees a jury trial to anybody accused of a misdemeanor, no matter what punishment may be involved.

Penal Code section 1382 provides that a person accused of a misdemeanor who is arraigned or pleads while not in custody has a right to a trial within 45 days, unless the prosecutor shows good cause for delaying trial beyond that period. I cannot imagine that the prosecutor showed good cause for a 2-year delay. If you have been arraigned, then you must have agreed to the delays (perhaps because your attorney has been busy).

If charges have been filed, and you have not been brought to court, there MIGHT be a constitutional speedy trial problem, but I would want to know why this delay occurred before coming to any conclusion about that.

Answer 3

You are not entitled to a jury trial for a misdemeanor traffic offense. You are entitled to a speedy trial regardless of whether you are incarcerated or not.

Answer 4

Yes, the Constitutional right to a speedy trial applies to ALL offenses. 2 years sounds excessive to me, so it wouldn't hurt to consult with a lawyer to try to get it dismissed.

Answer 5

the man loves to drag things out. look at the war. your best bet is to talk to your lawyer about it