You have a constitutional and statutory right to a speedy trial. In a California misdemeanor, that means trial within 30 days (in custody) or 45 days (out of custody) of arraignment or plea.
It can be a weapon — used, or strategically waived.
The Deadline
For a misdemeanor, California sets the clock at 30 days from arraignment or plea if you are in custody, and 45 days if you are out. If the prosecution is not ready and the deadline passes without a valid waiver or good cause, the case can be dismissed.
When It Creates Pressure
Refusing to waive time — ‘keeping your speedy trial rights’ — puts pressure on the prosecution. If they are missing discovery, waiting on a lab, or short a witness, a tight clock can force a better offer or a dismissal.
Why You Might Waive It
Often, though, the defense benefits from more time — to investigate, file motions, or line up diversion. So defendants frequently waive time on purpose. Whether to press the clock or waive it is a strategic call, made case by case with your lawyer.
Frequently Asked Questions
How long does the prosecution have to bring a misdemeanor to trial in California?
For a misdemeanor, trial must generally begin within 30 days of arraignment or plea if you are in custody, and 45 days if you are out of custody. If the deadline passes without a valid waiver or good cause, the case can be dismissed.
What does it mean to waive time?
Waiving time means giving up the speedy-trial deadline so the case can proceed on a longer schedule. Defendants often waive time on purpose — to give the defense room to investigate, file motions, or arrange diversion.
Can refusing to waive time help my case?
Yes. Keeping your speedy-trial rights puts pressure on the prosecution. If they are missing discovery, waiting on a lab, or short a witness, a tight deadline can force a better offer or a dismissal.
GuidesComplete Guide to California Misdemeanors · Glossary · Penalties Reference.
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Timing can be a weapon in your case — used, or waived, on purpose. Tell me your case and I'll tell you which.
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Ahmed S. Hasan
San Francisco Criminal Defense Attorney · State Bar of California #364992
Ahmed S. Hasan is the founder of ASH Legal, a solo criminal defense practice based in San Francisco. The firm runs on flat-fee representation: one lawyer, one fee, from arraignment through resolution. No hourly billing. No surprise invoices.
Ahmed is a graduate of Emory University School of Law and a member in good standing of the State Bar of California (Bar #364992). His practice focuses on San Francisco misdemeanor defense — DUI, domestic violence, petty theft and shoplifting, drug possession, vandalism, trespassing, and assault and battery — with particular attention to diversion-track outcomes that end in dismissal under PC 1001.95, PC 1001.36 (Mental Health Diversion), PC 1001.80 (Military Diversion), and PC 1001.83 (Parental Caregiver Diversion).
Ahmed previously served as a post-bar clerk with the San Francisco Public Defender's Office, the city's largest indigent-defense practice. He is a member of the Asian Pacific American Bar Association of Silicon Valley.
He represents clients at the San Francisco Hall of Justice (850 Bryant Street) and the Civic Center Courthouse. The ASH Legal office is at 15 Boardman Place, Suite 301, San Francisco, CA 94103.
Free 30-minute consultations are available by phone or Zoom. (510) 545-6515 · ahmed@ashlegal.com