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How Soon Can You Expect Your Criminal Case to Go to Trial?

Posted on in Criminal Defense

San Jose CA criminal defense lawyerCriminal court trials require time for preparation, both on the part of the prosecutors involved in your case and on the part of your criminal defense attorney. In addition to actually getting your case on the court calendar and vetting those participating in a jury trial, there are numerous tasks which must be completed that can end up dragging your case out for long months or even years. While you do have the right to a speedy trial in California, there are situations where waiting a certain period of time may be worthwhile.  

Suspect and Family Members Wait Three Years For San Jose Trial

In January of 2016, the body of a 29-year-old man was found dumped alongside a creek at the base of the Santa Cruz mountains. Before the body was even discovered, another Los Altos resident, who worked alongside the deceased at a motorcycle shop in San Jose, had been charged with the crime. More than three years later, the case is finally going to trial. 

A panel of eight women and seven men were selected as jurors and will finally begin hearing testimony in the courtroom of Superior Court Judge Sharon Chatman at the Hall of Justice in San Jose. The family of the victim hopes that the outcome will finally provide closure. For the accused, who has spent the past three years with charges of criminal homicide hanging over his head, it provides the opportunity to tell his version of events.

What to Expect in Your Criminal Case

Under California Criminal Court rules, defendants facing charges in criminal cases do have the right to a speedy trial. When a jury trial is requested in a misdemeanor case, it must begin within 30 days of arraignment or after a plea has been entered, whichever comes first. In felony cases, the proceedings must start within 60 days. However, the person facing criminal charges can waive their rights in regards to these time limits and often do so for practical reasons. 

While you may be eager to defend yourself and get the matter behind you, it takes time to build a successful criminal defense. Tasks your attorney will be busy performing on your behalf include: 

  • Conducting an independent investigation of the crime;
  • Reviewing the circumstances surrounding your arrest;
  • Reviewing the evidence against you;
  • Gathering evidence in your favor;
  • Subpoenaing any witnesses or other involved; and
  • Consulting with specialists and crime scene experts. 

It also takes time to negotiate with prosecuting attorneys in an effort to get your charges dropped or reduced. In some cases, a plea bargain may arise out of these talks, which can reduce the risks of a harsher sentence following a trial. 

Reach Out to a San Jose, CA Criminal Lawyer Today

At the Jachimowicz Law Group, we provide the strong legal defense you need when facing criminal charges. To discuss the options in your situation, call us at 408-246-5500 or contact our skilled San Jose, CA criminal defense attorneys online to request a free consultation today. 

Source:

https://abc7news.com/family-waits-3-years-for-trial-to-begin-for-defendant-in-sons-sj-murder/5230943/

 

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