There’s no single fixed maximum that applies to every California criminal case once someone is arrested. Someone who remains in custody before trial can potentially spend weeks or months in jail without ever being convicted of anything. In some situations, a person could even spend more than a year in custody. That surprises and frustrates a lot of people, but it’s unfortunately how the system works.
That said, California does impose important procedural deadlines. A defendant generally must be brought before a magistrate within 48 hours, excluding Sundays and holidays, and both misdemeanor and felony cases are subject to statutory speedy-trial deadlines that generally require the state to bring a defendant to trial within specified periods.
However, continuances, time waivers, case complexity, competency proceedings, and other circumstances can extend the timeline well beyond what the statute specifies.
How Long Can You Be Held Before Trial in a California Misdemeanor Case?
For misdemeanors, the speedy-trial clock is relatively short. If the defendant is in custody at the time of arraignment or plea, trial generally must begin within 30 days. If the defendant is out of custody, the general period is 45 days. Those deadlines have exceptions, though.
A defendant may waive the statutory time period, which happens frequently, and a trial can be delayed when legally sufficient good cause exists. So the 30-day rule does not mean every jailed misdemeanor defendant automatically walks free on day 31.
What Is Legally Sufficient Good Cause?
Courts evaluate sufficient good cause on a case-by-case basis, but there are many circumstances that commonly fall under this exception. Good cause can include circumstances such as the unavailability of a critical witness or, in some situations, the illness or unexpected unavailability of counsel. Other proceedings, including competency proceedings, can also interrupt the ordinary case timeline.
Routine or chronic court congestion generally does not establish good cause by itself, although exceptional circumstances may. If a deadline passes without a waiver and without legally sufficient good cause, the defense can move to dismiss the case. Whether that motion succeeds depends on the specific reason for the delay, which is why the fight over what qualifies as “good cause” is such an important argument.
How Long Can You Be Held Before Trial in a California Felony Case?
Felony cases take longer because they have additional stages, each with its own clock. For someone in custody on a felony complaint, the preliminary hearing generally must occur within 10 court days after arraignment or plea, unless the defendant waives the deadline or good cause supports a continuance. There’s also a 60-day outer limit for holding the preliminary hearing, which can’t be extended unless the defendant personally waives it.
Once the defendant is held to answer and arraigned on the information or indictment, a felony trial generally must begin within 60 days. The defendant can waive that deadline or consent to a later trial date, and in serious felony cases, waivers are common.
How Can Someone Be in Jail Longer Than 60 Days Without Being Convicted?
The deadlines above are not guarantees. Cases exceed that timeline for many different reasons:
- The defendant waives the speedy-trial deadline
- The defense requests additional time to investigate or prepare
- An important witness is unavailable, for either side
- Complex evidence, digital records, forensics, financial documents, requires more preparation
- Motions need to be litigated before trial can begin
- Mental competency proceedings interrupt the normal timeline
- Exceptional scheduling circumstances or other circumstances that legally qualify as good cause arise
- A mistrial results in a retrial
- Multiple defendants or unusually complicated charges slow everything down
This might seem counterintuitive, but defendants often waive time voluntarily, on their defense lawyer’s advice, because more time may allow the defense to investigate the case properly.
Contact Law Office of Nabiel C. Ahmed To Schedule a Confidential Consultation With an Oakland Criminal Defense Attorney
Getting out of pretrial custody in California isn’t just about freedom and comfort; pretrial detention can make preparing a defense more difficult. Attorney meetings have to take place within the restrictions of the jail, and defendants have less ability to help locate records, communicate with potential witnesses, or otherwise assist with preparation.
People held in custody also face enormous pressure to accept plea deals just to end the waiting, even when the case against them may not be that strong. Research consistently shows that detained defendants get worse outcomes than similar defendants who are released.
A California criminal defense lawyer can argue for release under the state’s current bail framework, hold the prosecution to its deadlines, and make sure any decision to waive time actually makes sense. If you or someone you love is in custody waiting for trial, contact Law Office of Nabiel C. Ahmed today for a confidential consultation.
We have convenient locations in Oakland and San Ramon, California.
Law Office of Nabiel C. Ahmed – Oakland
1305 Franklin St #411, Oakland, CA 94612
(510) 271-0010
We are available 24/7
Law Office of Nabiel C. Ahmed – San Ramon
2551 San Ramon Valley Blvd #206, San Ramon, CA 94583
925-725-4003
We are available 24/7
