Does plea by mail waive rt to speedy trial?

[NotACopOrLawyer]

What is the name of your state?CA

The self-help book I have say that if you put in your not guilty plea by mail, you waive your right to a speedy trial. Is that really true?

And if it is true, are you also waiving when you arraign yourself (plead not guilty, pay her the bail) at the clerks window rather than doing it in front of a judge?

NACOL

 

[seniorjudge]

What is the name of your state?CA

The self-help book I have say that if you put in your not guilty plea by mail, you waive your right to a speedy trial. Is that really true?

And if it is true, are you also waiving when you arraign yourself (plead not guilty, pay her the bail) at the clerks window rather than doing it in front of a judge?

NACOL

Statute number(s)?

 

[NotACopOrLawyer]

CVC 40519 is the only statute noted. I looked at it and it does not say that you waive speedy trial. But I am guessing that the rationale would be that when you have mailed in a not guilty plea, your actual arraignment occurs at the trial session - so the 45 days only starts to run at that time. So maybe I have the answer to my question, but I am not sure of all this.

NACOL

 

[seniorjudge]

CVC 40519 is the only statute noted. I looked at it and it does not say that you waive speedy trial. But I am guessing that the rationale would be that when you have mailed in a not guilty plea, your actual arraignment occurs at the trial session - so the 45 days only starts to run at that time. So maybe I have the answer to my question, but I am not sure of all this.

NACOL

I do not know the answer to your question.

However, speedy trial statutes usually do not apply to speeding (and minor traffic) tickets. Also, you must generally invoke your rights under a speedy trial statute and the time starts running from that invocation.

It would seem extraordinarily unconstitutional to me if (assuming) speedy trial applies to your case that it would be lost simply for pleading not guilty by mail instead of standing in front of a judge.

You have to be careful of those reference books. If that author is making a very substantial assertion like this and cannot back it up with a statute or case, then that seems mighty strange to me.


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