As a defendant, you have the constitutional right to a speedy trial. California Penal Code provides certain deadlines to protect that right. For example, Penal Code 1382(a)(2) requires that a trial in a felony case be held within 60 days of the arraignment on indictment or information. However, your attorney might advise you that waiving time – allowing the deadline to be extended to more than 60 days – is the best option in your case. Perhaps more investigation is needed to support your defense or there is key witness that cannot be located.
There may be other times in a criminal case where your attorney may advise you to waive time or continue a hearing to a later date. There are a number of reasons but they all come down to helping you get the best result in your case. Your attorney may need additional time to negotiate a reasonable plea deal, more investigation may be necessary, there may be new discovery that needs to be reviewed, or your attorney may need to gather documents and information to present a good argument for a lower sentence.
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