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  1. #1
    Join Date
    Feb 2011
    Posts
    3

    Default Missed TBWD, Bail Forfeited, They Want More

    My question involves traffic court in the State of: California.

    So I ran a red light on a bicycle. Ticketed. $466.

    Opted by TBWD, sent in the check and all that.

    TBWD paperwork never showed up, and the check got cashed, and I just got a yellow FAILURE TO APPEAR notice telling me that I owe another $1100 or something. Is this normal, or has there been some kind of screwup? I was under the impression that if time ran out and they got nothing more from me, they'd just cash the NOT GUILTY check and call it a day.

    Online status:
    Case Status: Case Closed
    Disposition: Bail forfeiture on 02/16/2011
    Last Action: Hold deleted by wrnt transaction
    Last Action/
    New Appearance Date: 02/15/2011 in 063

    What should my next step be? They want another $1133 within the week. In addition to the bail check they already cashed?

    Also, the notice is a little confusing, mathwise:
    A CIVIL ASSESMENT FINE OF $300 WAS ADDED TO THE BAIL. HOWEVER, IF YOU PAY THE BAIL LISTED ABOVE IN FULL...YOU MAY DEDUCT $300 FROM THE BAIL AND YOU DO NOT NEED TO APPEAR IN COURT.
    So, uh, do I pay the above number in full, or $300 less than the above in full? If I pay it in full, how are they deducting $300 from it? They already cashed my first bail check.

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    Too many issues to try and address or guess at without knowing the FULL details. It would be in your best interest to go to court in person to try and make sense of it all and pay any outstanding amounts.

  3. #3
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    Disregarding the $300 thing, though, does not sending in the TBWD that they didn't send me, count as a Failure to Appear even though I sent the bail in full?

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    well somebody has to pay for the public employees pensions ... the employees sure dont want to pay anything..

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,175

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    No... *IF* you entered your plea, requested a TBD AND posted bail simultaneously, then your failure to submit your declaration in a timely manner should only result in bail forfeiture without any additional penalties being due.

    That is, UNLESS your court has a local rule that says otherwise!

  6. #6
    Join Date
    Feb 2011
    Posts
    3

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    Well, it's LA metro, God only knows what kind of stuff they're willing to do to raise revenue. :/

  7. #7
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    3,546

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    OP... please send me a message in my inbox with the citation number. If they cashed your check, there should be no hold, warrant or FTA. If necessary, I will send you a phone number to call to clear this up.
    If you wanted babies all to yourself, you should have created them by yourself. Until you do that, children have the right to BOTH parents, especially since you found them suitable to procreate with.

  8. #8
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Missed TBWD, Bail Forfeited, They Want More

    Rule 4.210. Traffic court—trial by written declaration

    ….

    (e) Noncompliance
    If the defendant does not comply with this rule (including submitting the required
    bail amount, signing and filing all required forms, and complying with all time
    limits and due dates), the court may deny a trial by written declaration and may
    proceed as otherwise provided by statute and court rules.

    …..

    (g) Fines, assessments, or penalties
    The statute and the rules do not prevent or preclude the court from imposing on a
    defendant who is found guilty any lawful fine, assessment, or other penalty, and the
    court is not limited to imposing money penalties in the bail amount, unless the bail
    amount is the maximum and the only lawful penalty.


    So, did they deny your TBWD ? If they did then you cannot ask for a trial de novo?

    I would file a motion for reconsideration, explaining that you followed the court rules & re-submit your pleadings ... and ask for your bond to be re-credited ...



    Also...

    (a) Applicability
    This rule establishes the minimum procedural requirements for trials by written
    declaration under Vehicle Code section 40902. The procedures established by this
    rule must be followed in all trials by written declaration under that section.

    Interestingly, there is no mandatory requirement that you file a statement ! Only that you file a request for a TBWD & post the bail amount. I assume that you sent in a check with the TR-205 form completed...this is all that is required of you. You do not have to produce a statement (I would assume that this is related to the 5th amendment?)...

    Folks can chime in to see if I am reading the practice rules correctly

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