In general criminal trials are speedily disposed of as the criminal defendant has the right to a speedy trial. However, In Maha Abdel Rahim’s case her criminal case has been pending for over two years after the initial complaint was filed on 1/9/2013 by the Riverside County District Attorney’s office, for Felony violation of CA penal code 278.5. The docket shows 5 trial court readiness hearings, 2 preliminary hearings, and 2 felony settlement conferences.
In addition, Judge Becky Dugan, set a trial on 02/23/2015, it was vacated and another trial court readiness conference was set in violation of CA penal code section 1382 (a)(2)(b) which states that the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.
(B) The defendant requests or consents to the setting of a trial date beyond the 60-day period. In the absence of an express general time waiver from the defendant, or upon the withdrawal of a general time waiver, the court shall set a trial date. Whenever a case is set for trial beyond the 60-day period by request or consent, expressed or implied, of the defendant without a general waiver, the defendant shall be brought to trial on the date set for trial or within 10 days thereafter.
Under California law a delay of one year can create a presumption of prejudice. (Id. at pp. 655-656; People v. Williams (2013) 58 Cal.4th 197, 234-235 [seven year delay in bringing a capital case was presumptively prejudicial].(http://www.sdap.org/downloads/research/criminal/jg14.pdf).
CA penal code section 1382 (a)(2)(A) specifies that unless the defendant enters a 60 day trial waiver the sanction of dismissal may apply.
(A) The defendant enters a general waiver of the 60-day trial requirement. A general waiver of the 60-day trial requirement entitles the superior court to set or continue a trial date without the sanction of dismissal should the case fail to proceed on the date set for trial. If the defendant, after proper notice to all parties, later withdraws, in open court, his or her waiver in the superior court, the defendant shall be brought to trial within 60 days of the date of that withdrawal. Upon the withdrawal of a general time waiver in open court, a trial date shall be set and all parties shall be properly notified of that date. If a general time waiver is not expressly entered, subparagraph (B) shall apply.
Maha has not seen her son in over two years due to the unreasonable and prejudicial delay of the criminal case. Any parent can identify with that pain and suffering. The Eighth Amendment of the US constitution prohibits cruel and unusual punishment.