Are Our Constitutional Rights Being Violated When Alameda County Extends Criminal Court Hearing Deadlines During The Coronavirus Pandemic?
Asked whether pandemic-era court delays violate defendants' rights, Oakland criminal defense attorney Andrew Dósa answers plainly: yes. California guarantees speedy-trial deadlines—a felony preliminary hearing within 10 court days, trial within 60. He criticizes courts treating pandemic closures as a 'forced holiday' that stops those clocks as a legal fiction that erodes a black-and-white constitutional right.
Excerpt summaries from the video and transcripts · how we make them
Answered by Andrew Dósa · Oakland, CA
Highlights
— how pandemic court closures stretched speedy-trial deadlines
— the rights at stake: the 10-day preliminary hearing and jury trial
— why waiving deadlines for concessions can avoid a rights violation
— the 'forced holiday' framing and the legal fictions courts leaned on
— his broader point: why constitutional limits exist to check power
Frequently Asked Questions
Did pandemic court delays violate defendants' rights?
In this attorney's view, yes—stretching speedy-trial deadlines during closures undercut a defendant's constitutional protections.
What speedy-trial deadlines does California guarantee?
A felony preliminary hearing within 10 court days and a trial within 60 days.
Can a defendant waive those deadlines?
Yes—waiving deadlines in exchange for concessions can avoid a rights violation when done knowingly.
How did courts justify the delays?
By framing pandemic closures as a 'forced holiday' that stops the clock—a legal fiction the attorney argues erodes a black-and-white right.
Why do constitutional limits matter here?
They exist to check government power, which is exactly why bending them—even in a crisis—is troubling.
→ Full interview on Attorneys.Media
More Criminal Law answers
Legal news in California
Links to outside sources. Not written or reviewed by the attorney.