California law guarantees your right to a speedy trial. Most defendants — and even some attorneys — don't know the exact deadlines. This calculator shows you when the DA's time runs out.
Enter your case details below. All calculations are based on California Penal Code sections 1382 and 859b.
Under PC 1382(a), if the prosecution has not brought your case to trial within the statutory period and you have NOT waived time, you may file a motion to dismiss.
The court must grant the motion unless the prosecution can show "good cause" for the delay under PC 1050. If dismissed, the DA may refile, but a new speedy trial clock starts from the new arraignment.
Under the 6th Amendment (Barker v. Wingo, 407 U.S. 514), excessive delay may also warrant dismissal with prejudice — meaning the case cannot be refiled. Courts weigh: (1) length of delay, (2) reason for delay, (3) whether defendant asserted the right, and (4) prejudice to the defendant.
These are the rules the prosecution must follow. If they don't, you have remedies.
You invoke your speedy trial right by simply refusing to waive time. At arraignment or any hearing, when the judge asks if you waive time, say "No." That is all it takes.
The prosecution can request a continuance beyond the speedy trial deadline, but ONLY if the court finds "good cause" on the record.
Any motion to continue a trial must comply with strict requirements under Penal Code 1050:
Beyond California statute, the U.S. Constitution's 6th Amendment guarantees a speedy trial. Federal courts use the Barker v. Wingo four-factor test:
For felonies, the preliminary hearing must be held within strict time limits from arraignment on the complaint:
If the case is dismissed under PC 1382 for speedy trial violation:
Knowing your deadline is just the first step. Make sure it's on the record, tell your attorney, and never waive time without a strategic reason.
Under Penal Code §859b, California defendants in felony cases must have their preliminary hearing within 10 court days of arraignment — unless they waive time. Miss the deadline and the case is subject to dismissal. This rule exists to prevent pretrial detention from becoming a punishment before conviction.
Penal Code §1382 requires that a felony trial begin within 60 days of arraignment on the information, or a misdemeanor trial within 30-45 days depending on custody status. If the court misses this deadline without good cause and without time being waived, the charges must be dismissed.
A time waiver must be personal — from the defendant, in open court, knowingly and voluntarily. If your attorney waived time without your consent, that is grounds for a Marsden motion (see FAQ) and possible reinstatement of your speedy trial rights. Document the dates and raise it immediately.