Express General Time Waiver

[abcjohnthomas]

For California
Can you help me interpret subsection a3 and also B? The entire code is at [url]http://law.onecle.com/california/penal/1382.html[/url] My questions follow the cited sections.

California Penal Code Section 1382 a3
a) The court, unless good cause to the contrary is shown, shall order the action to be dismissed in the following cases:

(3) Regardless of when the complaint is filed, when a defendant in a misdemeanor or infraction case is not brought to trial within 30 days after he or she is arraigned or enters his or her plea, whichever occurs later, if the defendant is in custody at the time of arraignment or plea, whichever occurs later, or in all other cases, within 45 days after the defendant's arraignment or entry of the plea, whichever occurs later, or in case the cause is to be tried again following a mistrial, an order granting a new trial from which no appeal is taken, or an appeal from a judgment in a misdemeanor or infraction case, within 30 days after the mistrial has been declared, after entry of the order granting the new trial, or after the remittitur is filed in the trial court, or within 30 days after the date of the reinstatement of criminal proceedings pursuant to Chapter 6 (commencing with Section 1367). However, an action shall not be dismissed under this subdivision if any of the following circumstances exist:

(B) The defendant requests or consents to the setting of a trial date beyond the 30-day or 45-day period. In the absence of an express general time waiver from the defendant, the court shall set a trial date. Whenever a case is set for trial beyond the 30-day or 45-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.



What is an express general time waiver?

What constitutes expressed or implied

I pretty much don’t get the whole section B

I’m assuming an express general time waiver is a written request. Can it be something else.
when requesting a Trial De Novo California Rules of Court states:
7) (Trial de novo) If defendant files a Request for New Trial (Trial de Novo) (form TR-220) within 20 calendar days after the date of delivery or mailing of the Decision and Notice of Decision, the clerk shall set a trial date that shall be within 45 calendar days of receipt of defendant's written request for a trial de novo. The clerk shall deliver or mail to defendant and to the arresting officer's agency the Order and Notice to Defendant of New Trial (form TR-225). If defendant's request is not timely received, no trial de novo shall be held and the case shall be closed.

on the 46th day we requested a dismissal. the judge said we waived time. We never did and actually complained to the clerk that it wasn't soon enough. She said it was the only time she had and gave it to us. I suppose they are saying it's implied because she gave us that date (october 2) which is 58 days from when we requested the Trial De novo.

what do you think?What is the name of your state?