Trial by Declaration Failed - New Trial Date Postponed

[RisingStars]

My question involves traffic court in the State of: California

I got a speeding ticket in the month of may and filed for a Trial by delcaration (i never showed up in court, entirely through the mail) which included by bail amount. I received the results that i was guilty, and proceeded to file for a New Trial. The court scheduled a date for the new trial to be on July 13, 2011. On July 9th, 2011 i received a letter from the Department of California Highway Patrol for a continuance of the court date "to a date after August 14, 2011". I was in the cc of the mail, and the original copy went to the appropriate court where i assume it is still being processed. I only now understand that through the TBD, i waived my rights to a speedy trail. But with a new trial, does the right to a fair and speedy trial still apply to me? Should i be expected to be informed by the court that my trial date will be postponed sometime Monday or Tuesday (the only available days they have to inform me before the actual trial date.) If i still have my rights to a speedy trial, does acknowledging this continuance waive that right? Should i protest the officer's request of continuance? Since it's a weekend, i am just waiting it out until i am officially notified.

[That Guy]

But with a new trial, does the right to a fair and speedy trial still apply to me?

"Fair", yes... "Speedy", no!

While it is true that California Rules of Court # 4.210(b)(7) requires the clerk to set a trial date within 45 calendar days of receipt of the defendant’s written request for a new trial, that provision is far from being a statutory requirement (i.e. it does not rise to the level of the speedy trial provisions of California Penal Code section 1382).

Additionally, you should note that Rule of Court # 4.210(c) states:

(c) Due dates and time limits

Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes.

Meaning, it is up to the court to grant or deny a timely request for an extension if it so chooses.

Should i be expected to be informed by the court that my trial date will be postponed sometime Monday or Tuesday (the only available days they have to inform me before the actual trial date.)

I wouldn't count on it... It would be in your best interest to contact the court on Monday to ascertain whether the extension was processed and granted or not; that way you can be sure whether you should appear for your trial as originally scheduled on July 13th, or whether the trial date has been extended until August 14.

If i still have my rights to a speedy trial, does acknowledging this continuance waive that right?

Speedy trial provisions do not apply to the TBD or TDN process.

Should i protest the officer's request of continuance? Since it's a weekend, i am just waiting it out until i am officially notified.

You can protest it if you so choose... However, I would expect that the answer you receive will be based upon the 4.210(c) rule I cited above where the court is under no obligation to get your approval to an extension nor is it required to state a reason for granting or denying one!

[RisingStars]

thanks alot, got everything i needed answered. I am fairly upset as i freed up my schedule to make this trial date. I am also upset that CHP is requesting a continuance a few days before the trial because the officer is on "vacation", something that should have clearly been known at least a week in advance. Any time after 8/14 also puts a strain on my schedule because i go to school full time and work part time. If the continuance is granted, any advice on trying to obtain a continuance for myself. Ideally i would like to push it as far back as possible. (How early should i file for a continuance and what are appropriate excuses for filing for one?.)

[SMBI]

Did you plead guilty in person at the court and ask for a TBD or did you post bail by mail and ask for the TBD? By mail you waive the speedy trial rights; by going in person you preserve them.

[That Guy]

Did you plead guilty in person at the court and ask for a TBD or did you post bail by mail and ask for the TBD? By mail you waive the speedy trial rights; by going in person you preserve them.

OP requested a TBD and subsequently a TDN, therefore there is no requirement that the trial be held within 45 days of plea entry. In other words, since "speedy trial" provisions do not apply to the process opted for by the defendant, there is nothing to "preserve". We've been through this before and we can do it again if you'd like!

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thanks alot, got everything i needed answered. I am fairly upset as i freed up my schedule to make this trial date. I am also upset that CHP is requesting a continuance a few days before th e trial because the officer is on "vacation", something that should have clearly been known at least a week in advance. Any time after 8/14 also puts a strain on my schedule because i go to school full time and work part time. If the continuance is granted, any advice on trying to obtain a continuance for myself.

I would suggest that you prepare your case and set it aside until the trial date.
Even if the judge were to allow you the opportunity to make the request on the record, he/she is under no obligation to grant you one.

Why not?

Re-read CRC #4.210(c):

(c) Due dates and time limits

Due dates and time limits must be as stated in this rule, unless changed or extended by the court. The court may extend any date, but the court need not state the reasons for granting or denying an extension on the record or in the minutes.

(How early should i file for a continuance

I'd file it ASAP if I were you, that way you will know whether to prepare your case or whether you can wait..

BTW, I don't know which school you're attending or how long each term is, but if you're plan os requesting an extension for a 2, 3 or 4 months, then I suspect that your request will be denied (and again, no obligation by the court to disclose a reason for the refusal).

what are appropriate excuses for filing for one?.)

I highly doubt that there is a list of "appropriate excuses for an extension, and even if it does exist, if the one reason you need a extension for is because you're "away" for school then your request should be granted. If on the other hand you're attending a local school, and you simply don't think you'll have the time, then my guess is that the judge will deny your request simply because you've had all this time (and then some as a result of the officer's request.

BTW, I think its pretty funny (or should I say "ironic") that we went from hoping for a way to enforce the right to a speedy trial... To hoping for a way where we can request and be granted an extension!!!

Yeah, I realize that school schedule was not an issue, and that things changed later.