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  1. #1
    Join Date
    Aug 2008
    Posts
    24

    Default Speedy Trial Request Form

    California

    I pled not guilty with OR in a speeding ticket case.
    The judge gave me what I wanted. I was directed by the cashier to go to the lawyers window of the clerks office and get a trial date.
    To my surprise they gave me a date in 2010! It was a request for trial form that required a signature but it does not ask me to waive my right to a speedy trial anywhere on the form.

    Was I lucky or am I missing something? the arraignment was 11/10/09 the trial date is 1/22/10.

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

    Default Re: Speedy Trial Request for Trial Form

    Quote Quoting stinut
    View Post
    Was I lucky or am I missing something? the arraignment was 11/10/09 the trial date is 1/22/10.
    If you were arraigned by making an appearance in court and you entered the plea of "not guilty" in front of the judge, then it looks like you got pretty lucky!

    You still have to appear on 01/22/2010 and move for a dismissal.

  3. #3
    Join Date
    Aug 2008
    Posts
    24

    Default Re: Speedy Trial Request for Trial Form

    Thats what Im thinking. The form appears to be for those defendants looking for an arraignment/trial the same day..not commonly done here. I can only guess that since I had just a minute before been arraigned that it had not been entered into her computer and she didnt have info on the arraignment, and assumed I was looking for an arraignment/trial combo. Well whatever I just hope they dont discover their mistake and try to change it!

  4. #4
    Join Date
    Aug 2008
    Posts
    24

    Default Re: Speedy Trial Request for Trial Form

    In rereading the fine print Im having doubts. On the form what appears to be a reading of my rights there is a clause that says I have a right to a speedy trial within 45 days unless I consent to a "delay". The clerk told me I had to sign the form before she entered the date. When she asked if I wanted th 7th or 22nd I thought she was talking about dec. She never mentioned the month or year. I said the 22 she entered the date but I didnt look at it till I got home. The 22nd of Dec would have been within the 45 day limit. I think Ive been had.

  5. #5

    Default Re: Speedy Trial Request for Trial Form

    1382(c) PC reads: "If the defendant is not represented by counsel, the defendant
    shall not be deemed under this section to have consented to the date
    for the defendant's trial unless the court has explained to the
    defendant his or her rights under this section and the effect of his
    or her consent."

    I don't know what your form from the court reads, or if it meets the statutory notice requirements, but it can't hurt to move for a dismissal based on the speedy trial law. I would file the motion on the 46th day, serve notice to the DA, and if the court doesn't rule before your 1/22 date you can argue your motion when you appear. I would also prepeare a defense in case your motion is not granted.

  6. #6
    Join Date
    Aug 2008
    Posts
    24

    Default Re: Speedy Trial Request for Trial Form

    I took the form back to the court clerk's office to get a definitive answer.
    After some discussion with supervisors I was told that by siging that form I did not waive my right to a speedy trial. The verbage on the form pretained to my rights and that in fact I was given a court date beyond the 45 day limit. They told me to show up in court and tell the judge what happened.

  7. #7

    Default Re: Speedy Trial Request for Trial Form

    Quote Quoting stinut
    View Post
    I took the form back to the court clerk's office to get a definitive answer.
    After some discussion with supervisors I was told that by siging that form I did not waive my right to a speedy trial. The verbage on the form pretained to my rights and that in fact I was given a court date beyond the 45 day limit. They told me to show up in court and tell the judge what happened.
    I wouldn't wait to show up in court, motions need to be written and properly filed with the court and notice served on the other party (the DA). In your case I would file a motion to dismiss pursuant to 1382 PC on the 46th day after 11/10/2009, have a friend send a certified copy in the US Mail to the DA.

    If the court doesn't dismiss the charge before your next trial date than you should be able to argue your motion in the court when you show up. In my mind if your argument has ANY legal weight and there is no response from the DA then you should win. It is up the DA to object to anything, the judge can only not grant your motion if it has no legal merit -- at least that is how the system is supposed to work.

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