Misdemeanor arraignment departments occasionally set trial dates beyond the time limits of Penal Code section 1382. Because it is the arraigning lawyers\u2019 professional obligation to know what date is 30 and 45 days away, and to object to a trial setting beyond the applicable date unless a date farther out is chosen for the client\u2019s benefit and with the client\u2019s informed consent, this memo explains the workings of \u00a7 1382 in the misdemeanor arraignment context.<\/p>\n
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KNOW THE DATES!<\/strong> When handling an arraignment calendar, figure out the 30th and 45th days before the calendar starts, AND WRITE THEM DOWN. Counting the dates is easy. Remember that CCP \u00a7 12 says that in counting days, you don\u2019t count the first day, but you do count the last day. So you can easily count days on a calendar. For a 30 day period, you go straight down 4 weeks (28 days) and over 2. 45 days is 6 weeks (42 days) plus 3 days. It is good practice for the arraigning attorney to prominently note the last day on the file so subsequent attorneys know what it is without having to count days again.<\/p>\n <\/p>\n Examples:<\/strong> Arraignment, in custody, on Wednesday, May 14, 2008. Four Wednesdays later is Wednesday, 6\/11\/08; add 2 days for a last day of Friday, 6\/13\/08.<\/p>\n Same arraignment, out of custody: Six Wednesdays (42 days) after 5\/14 is Wednesday, 6\/25\/08; add 3 days to make 45, and you are at Saturday, 6\/14\/08. Because Saturday and Sunday are \u201cholidays\u201d for the purposes of counting days, the last day becomes Monday, 6\/16\/08. (CCP \u00a7 12a.)<\/p>\n <\/p>\n CUSTODY STATUS FOR \u00a7 1382 PURPOSES. <\/strong> Courts, clerks, and lawyers sometimes get confused over whether a defendant is in custody or out of custody when the defendant is in custody at the start of the arraignment but is released OR when arraigned. This should be a no-brainer \u2013 the defendant\u2019s custody status is IN CUSTODY and the 30 day time period applies. (See People v. Baca<\/em> (1989) 211 Cal.App.3d 675; Cal. Crim. Law, Proc. & Pract. (CEB 2007) \u00a719.18, P 515.)<\/p>\n <\/p>\n