Held Too Long, Case Thrown Out: Why Benavides v. Superior Court Reinforces California’s 10-Day Rule When an accused individual is sitting in jail waiting for a preliminary hearing, California law imposes strict deadlines on the prosecution. Those deadlines are not suggestions. They are mandatory—and when they are violated, the case must be dismissed. That is […]
COVID-19 is Not an Excuse: Courts Must Hold Preliminary Hearings Within 60 Days of Arraignment The question before the court in Lacayo v. Superior Court was whether there were such “extraordinary circumstances” presented by the COVID-19 global pandemic to justify “good cause” for continuance of the defendant’s preliminary hearing beyond the 60-Day Rule. On February […]
What is an Arraignment in California? Though the facts are different in every case, the path that every criminal case in California travels is designed to be the same. If you are suspected of committing a crime, you will first be arrested. If the prosecutor does not file charges, you will be released, and the […]
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.