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Many times there is much confusion as to time waivers in court, and exactly what they mean.  Many times you will hear Attorneys in court that will ask for a time waiver or a general time waiver.  Some defendants think that they are somehow waiving time credits.  


After an arrest you must be arraigned within 48 hours or released from custody.  That is generally because there could be some other hold, i.e. parole hold, violation of probation hold etc. that is keeping you in custody.  There is different time limits if you are out of custody.  


After arraignmnent you have a right to a preliminary hearing within 10 days of arraignmnet and the court must find good cause to continue past that date.  You can even enter a specific time waiver for example waive the 10 days plus 5 more days.  This could enable your Attorney to have more time to work on the case and still keep a time waiver in place. 

Many times specifically on complicated cases a  general time waiver will be entered.  This enables the Attorney to get things done without the time waiver running out.  


After a preliminary hearing the defendant has the right to a trial within 60 days of the indictment or information, or if the District Attorney has dismissed and refiled the case.  Generally, the District Attorney can dismiss and refile a case one time. 

Usually after a prelimary hearing you will be arraigned at what is called an HTA arraignment. This means that from that court date wich occurs 15 days after a holding order in a preliminary hearing you will have a right to a trial whithin 60 days.  If you enter a general time waiver, then revoke the waiver, the trial will be set whitin 60 days of that date. 

You should listen to your Attorney as to when and when not to enter into a time waiver.  Many times cases are complex and can take time.  Even locating potential witnesses can be very time consuming and difficult.  

If you have any questions give us a call and we will help you out. 559441-1418.


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Gerald Schwab, Jr.


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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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Phone: 559.441.1418