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Your friend has a right to a hearing within a certain amount of time after being arrested. After an arraignment, there will generally be a "preliminary hearing" which has to be within 60 arrest. That is the "statutory time" that the government has to get their act together.

Sometimes the defendant can't afford their own lawyer and needs a public defender. The public defender's office is really overworked. They might need more than 60 days to get to your friends case. They might ask your friend to give up his right to a hearing within 60 days in exchange for the public defender being better prepared when the hearing comes.

If the defendant is pretty sure he is going to jail, and just wants his lawyer to make his sentence shorter, then this waiver doesn't matter. The time he serves on his sentence starts from the moment he is first put in jail. By waiving time he's not going to stay in jail any longer.

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16y ago

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