My fiance's right to a speedy trial was waived even though he didn't want that, what can we do? 11 Answers as of July 26, 2012

My fiance is in jail awaiting 3 separate trials. He has a court appointed lawyer who was unable to be in court with him last week, so he got a "fill in". She waived his right to speedy trial which isn't what he wanted and his regular lawyer knows that. No one even discussed that with him. However, we were told that since the judge ruled on it there is nothing we can do to reverse that. We live in California. Is there nothing we can do now? and can a lawyer make decisions without the defendant's input?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A waiver of time has to be personally entered into by the defendant so I do not understand how this could have happened. If he did not in fact waive time personally he need to contact his attorney and/or the court clerk to have it calendared and to withdraw the time waiver.
Answer Applies to: California
Replied: 7/26/2012
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
An attorney cannot wave the defendant's right to a speedy trial unless he has the express permission of the defendant. If the defendant is in court at the hearing only the defendant can waive his right to a speedy trial. To determine if this was done legally the defendant's attorney should request a copy of the court transcript from the court recorder and see if all the defendant's rights were up held. If not then the attorney can bring it up in court.
Answer Applies to: California
Replied: 6/21/2012
Steven Alpers | Steven Alpers
Generally that is a personal right. If he was in court he could have said I want a speedy trial. I don't know if these are felony trials or misdemeanor, however they may all be consolidated together for trial. It is generally better to get more time to prepare and to investigate the case. Next court date he can talk to his lawyer about setting the cases as early as possible. Under some situations he may be allowed to withdraw the time waiver, misdemeanor or some judges will allow? that in a felony case. Have him talk to his lawyer.
Answer Applies to: California
Replied: 6/21/2012
Universal Law Group, Inc. | Francis John Cowhig
If your fiance was in court when speedy trial rights were waived, he should have spoken up at that point and informed the judge that he did not want to waive his rights. It is too late now to do anything about it. If the situation occurs again, he should speak up and make sure the judge is aware of his refusal to waive his rights.
Answer Applies to: California
Replied: 6/21/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
If the fill in lawyer knew he didn't want to waive, it was unethical of her to waive on his behalf.
Answer Applies to: California
Replied: 6/21/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Waiving time generally has to be done by he client. Attorney can ask for dates aor continuances for trial beyoond the statutory limits for good cause, even if the defendant objects. Defendant can seek a return to court where he can recll the time waiver. Whether or not he can get the time to run from the date of the supposed waiver is another question , He is not without a remedy.
    Answer Applies to: California
    Replied: 6/21/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Negotiate a plea bargain or go to trial. Waiver is frequently done and normal. Without it, the DA could have simply dismissed and re-filed to start the clock over. Probably no harm, no foul.
    Answer Applies to: California
    Replied: 6/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Lawyers cannot waive the right to a speedy trial unless the client consents. Your fiance needs to tell the Judge next time in open court what happened.
    Answer Applies to: California
    Replied: 6/20/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Even if the judge won't correct this, you can always pull a time waiver and it goes back to the same time rules.
    Answer Applies to: California
    Replied: 6/20/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    Make his position known to judge on next court date.
    Answer Applies to: Illinois
    Replied: 6/20/2012
    Law Offices of Aaron T. Hicks
    Law Offices of Aaron T. Hicks | Aaron Hicks
    Your husband can withdraw his time waiver. He or his lawyer must appear and do it in open court, so the DA has notice.
    Answer Applies to: California
    Replied: 6/20/2012
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