Can My Case Be Dismissed for Speedy Trial Violations?
In our criminal justice system, defendants have a constitutional right to a speedy trial. A recent California appellate court decision demonstrates how this protection works in practice and why having an experienced criminal defense attorney who understands these rights is essential.
Our experienced criminal defense attorneys at Wallin & Klarich can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our appeals attorneys near you.
Understanding Your Right to a Speedy Trial in California
The right to a speedy trial is guaranteed by both the U.S. Constitution and California law. In California, Penal Code section 1382 sets specific time limits within which the prosecution must bring a defendant to trial. For felony cases, the prosecution generally has 60 days from the defendant’s arraignment to commence trial.
When a defendant asserts their right to a speedy trial and sets a trial date, the prosecution must be ready to proceed by that deadline. If they’re not ready and cannot show “good cause” for a continuance, the case must be dismissed—and this dismissal is permanent, meaning the charges cannot be refiled.
What Constitutes “Good Cause” for a Continuance?
Under Penal Code section 1050(g)(2), one recognized reason for granting a continuance is when the assigned prosecutor has “another trial … in progress.” However, California courts have clarified that this phrase has a specific, narrow meaning. It doesn’t simply mean the prosecutor is busy or has other cases on their calendar.
According to established case law, a trial is considered “in progress” only when:
- The judge is available and ready to try the case to conclusion
- The court has committed its resources to the trial
- The parties are prepared to proceed with substantive trial proceedings
This means that preliminary matters, scheduling conferences, or brief court appearances do not constitute a trial “in progress” for purposes of justifying a continuance in another case.
Real-Life Example: Hernandez v. Superior Court (2025)
In this case, the defendant was charged with sex offenses and exercised his right to a speedy trial, with the final trial date set for mid-March. Two days before trial, the prosecution moved for a continuance, claiming the assigned prosecutor was involved in another case. The trial court had assigned this other case to a different judge and had asked the defendant in that case for a stipulation agreeing that trial had begun. Despite the defendant’s objection to continuing his trial, the trial court granted the continuance and rescheduled his trial for a week later.
Later, the prosecution again sought to continue the trial due to the prosecutor’s continued unavailability. Although only scheduling and pretrial matters had occurred in the other case—no jury selection, no opening statements, no witness testimony—the trial court determined that case was “in progress” and granted another continuance under section 1050(g)(2). The defendant objected, arguing this violated his speedy trial right, and moved to dismiss the case under Penal Code section 1382. The trial court denied the motion, but the defendant sought writ relief from the appellate court.
The appellate court sided with the defendant. It determined that the other pending case was not truly “in progress.” Additionally, the appellate court determined that the key question is court availability. The critical factor is whether the court is truly available to proceed to conclusion with the trial. Here, the judge was occupied with another matter and hadn’t committed to trying the prosecutor’s other case, so that case was not genuinely “in progress.”
How Our Criminal Defense Law Firm Can Help
At our California criminal defense firm, we understand the technical requirements of speedy trial law and know how to enforce your rights effectively. When representing clients, we:
- Carefully monitor all deadlines
- Object to improper continuances
- Investigate the prosecutor’s claimed conflicts
- File motions to dismiss when appropriate
- Pursue appellate relief when necessary
Contact Wallin & Klarich Today
If you are facing criminal charges, you need to contact an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped many clients ensure they receive a fair trial in their criminal defense cases. We know the most effective strategies to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case.
At Wallin & Klarich, we have offices all over Southern California: Irvine, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, and Anaheim. Additionally, our law firm can handle many types of cases statewide.
Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with a skilled defense attorney near you.
