The Clock On Your Case
Penal Code 1382 — 60 days to a felony trial, 30 or 45 for a misdemeanor, unless time is waived
California puts numbers on it. Unless good cause to the contrary is shown, the court orders the action dismissed when these periods pass.
| The stage | The period |
|---|---|
| The stageInformation not filed after a person is held to answer | The period15 days |
| The stageFelony, from arraignment on the indictment or information | The period60 days |
| The stageMisdemeanor or infraction, defendant in custody at arraignment or plea | The period30 days |
| The stageMisdemeanor or infraction, all other cases | The period45 days |
Waiving time, and taking it back. There is no dismissal if the defendant enters a general time waiver, or requests or consents to a trial date beyond the period. A defendant who withdraws a general waiver in open court, after notice to all parties, is brought to trial within 60 days of the withdrawal in a felony case, or 30 days in a misdemeanor case.
The constitutional right to a speedy trial runs alongside the statute and is decided on different terms; court rules, and the interstate agreement on detainers for charges in another state, are not on this page. Counting the days in a particular case, and what tolls them, is a question for a licensed California attorney.
Sources for this section (1)
- Penal Code 1382 — Dismissal of the action for want of prosecution; time limits for trial
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.