When the 45-Day Speedy Trial Clock Starts on a California Misdemeanor

Attorney Answer

Your 45 days ran from your arraignment or the entry of your plea — whichever came later. Not from your arrest, and not from when the complaint was filed.

Cal. Penal Code § 1382(a)(3) says that in a misdemeanor or infraction case, and regardless of when the complaint was filed, the action must be dismissed absent good cause if you are not brought to trial within 30 days after you are arraigned or enter your plea, whichever occurs later, when you are in custody at that time, or within 45 days after arraignment or entry of plea, whichever occurs later, in every other case. The "whichever occurs later" language is the part people miss, and it is usually why a defendant's own count differs from the court's.

Three things stop or reset the clock, all in the same subdivision:

A general time waiver. If you gave one, the period is not running. When a general waiver is withdrawn, a new 30-day period runs from the withdrawal. - Requesting or consenting to a trial date beyond the period. Then you must be brought to trial on the date set, or within 10 days after it. - Failing to appear. Under § 1382(a)(3)(C), a misdemeanor defendant who fails to appear and has a bench warrant issued is deemed arraigned, for this purpose, on the date of the later arraignment on the bench warrant or submission to the court — which restarts the period.

What you can do

1. Get the court's docket and minute orders for your case. The date you entered your plea is on them, and that is your starting point if it came after arraignment. 2. Read the minutes for the words "time waived" or a general waiver. Any waiver entered by your lawyer on your behalf will appear there, and it changes the count. 3. Check for a bench warrant entry. If you ever missed a date, § 1382(a)(3)(C) likely restarted your clock at the later arraignment. 4. If you do not want time waived going forward, say so on the record and make sure the minutes reflect your objection to any date past the last day. 5. If the last day passes without good cause, the motion is to dismiss under § 1382 — it must be raised promptly, and an unpreserved objection is generally treated as consent.

⏱ Time limits apply. Cal. Penal Code § 1382(a)(3) sets 30 days in custody and 45 days out of custody from arraignment or entry of plea, whichever is later, with the resets described above. Your last day depends on facts only your docket shows — the plea date, any waiver, and any bench warrant — so calculate it from the minute orders rather than from your arrest.