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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.

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The stageThe period
The stageInformation not filed after a person is held to answerThe period15 days
The stageFelony, from arraignment on the indictment or informationThe period60 days
The stageMisdemeanor or infraction, defendant in custody at arraignment or pleaThe period30 days
The stageMisdemeanor or infraction, all other casesThe 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)
  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.

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