Felony Preliminary Hearings and Time Requirements
A person charged with a felony who is in custody on the felony charge is entitled to a preliminary hearing within ten court days after arraignment or plea on the felony charge. If the preliminary hearing is not held within the ten court days, the court must dismiss the felony case. However if the defendant personally waives the right to a preliminary hearing within ten court days or the prosecutor establishes good cause for a continuance of the preliminary hearing beyond the ten court days, the case will not be dismissed. Should the prosecution establish good cause, the preliminary hearing may not be postponed more than sixty calendar days.
If you have been arrested or charged with a felony, contact Christine McGuire, the Santa Cruz Criminal Defense Attorney.