By Amy Fullerton
MODESTO, CA – In an arraignment hearing Monday in Stanislaus County Superior Court, Judge Carrie Stephens felt the need to explain the meaning of time waivers to a suspect after they quickly chose to forgo a time waiver in favor of a speedy trial.
In the beginning of the arraignment, J.D. Michael Davis chose to waive formal readings of the charges. The judge soon said thereafter that the defendant had many previous allegations ranging in severity and emphasized the severity of his alleged crimes.
Davis was in court on Monday for a three strikes case. In California, if a defendant is convicted of three or more serious felonies, the defendant may be sentenced to 25 years to life in prison.
Judge Stephens asked Davis if he would like to submit a time waiver to allow his attorney to try and make a deal with the district attorney’s office, or have a speedy trial within 60 days.
“Sometimes individuals with these kinds of priors that are alleged want some more time to figure out if they can work out some kind of resolution because these offenses total a minimum of at least 25 years to life,” said Judge Stephens.
Judge Stephens stressed that these offers and resolutions take time, hence the option of a time waiver, and further emphasized that correspondence between Davis’ attorney and the three strikes committee at the district attorney’s office takes time.
“I am not trying to encourage you, or force you, to do one thing or the other. I just want you to come to your decision knowingly and intelligently,” said Judge Stephens.
Despite the fact that a time waiver may be in his best interest to give his attorney time to discuss resolutions with the district attorney’s office, Davis still chose to have a speedy trial within 60 days.
“I don’t want to waive time… I don’t want to sit here and wait,” said Davis at the conclusion of the arraignment.
The jury trial is set for Jan. 10, 2022.
NOTE: The exact charges, other than at least one which is a felony, and other case information was not available on the hearing recordings.
