California 10851 violation,prosecution time limit

[scottw1]

What is the name of your state? California. My wife was charged with a 10851 in California. She was arraigned and FTA'd on her next scheduled appearance. A no bail warrant was issued for her arrest. She has been out on bail for 3 1/2 years with this warrant. She was recently arrested on this warrant and is scheduled to be shipped to the county. How long does the prosecution have to adjudicate this matter?

 

[garrula lingua]

She was arraigned, therefor she can now be tried and convicted. Her attorney will probably want to try to plea this out & not push for a 'speedy trial', as she can be charged with the failure to appear as a felony, and that is a slam-dunk.

The stupidity of your wife is humongous - 10851 is usually handled as a misdemeanor for the first joy ride, even though it is a felony. She would probably have had a misdemeanor conviction with probation & community service - no jail.

Now, if you push for a speedy trial, she'll almost definitely get 16 months in state prison (& serve 8 months), and a possible additional 8 mos for the FTA.

Normally, the Prosecutor has 30 days if defendant is in custody at the araingment & 45 days if def is out of custody, to take the case to trial. Obviously, when yoyo skipped court, the time for trial ended by her behavior & the clock would restart.

The FTA is an easy case for the Prosecutor to win - there is no defense & it requires only the court documents and a court clerk to testify that yoyo did not appear on her scheduled court date - no other witnesses.
She needs an attorney.