What is the burden of proving that there has been a denial of due process resulting from a delay in charging?
California, United States of America
The following excerpt is from People v. Cox, E055427 (Cal. App. 2013):
In determining whether there has been a denial of due process resulting from a delay in charging, the defendant must establish prejudice as a result of the delay. (People v. Reeder (1984) 152 Cal.App.3d 900, 909.) The burden then shifts to the prosecution to
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show justification for the delay. (Id. at pp. 909-910.) Then, the trial court balances the prejudice against the justification. (Id. at p. 910.) Defendant contends the trial court's ruling denying his motion was an abuse of discretion. (People v. Cowan (2010) 50 Cal.4th 401, 431.)
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