Being Released on Recognizance vs. Paying Bail
My question involves a speeding ticket from the State of: California
(22349a)
In California, if you plead not-guilty the ticket says you most pay a bail in the amount of the fine.
However, I have read you can request a release on one's own recognizance.
I am very new at law and am very excited as well. I just completed my first discovery request and mailed it in the plea date isn't until late August. However, I do not know how to formally submit this request. I'm assuming I do it when I enter my plea with the (clerk? judge?)?
Do I need it on paper? Is there any special formatting? Thanks in advance, I've been watching this site for about 2 years now and am glad it's around!
Re: Released on Recognizance (California)
You can enter a plea by mail by sending the ticket back in. However, you'll have to send in the required bail with it. Also, by doing that you'll give up your right to a speedy trial (45 days). If you're planning to fight the ticket, your choices are (a) appear in court to plead not guilty, or (b) opt for trial by written declaration (TBD). For the latter, you'll be required to post bail anyway. No matter what, by mail, you can't get the bail waived as you're hoping - only a judge can do that.
If you only have a ticket, and have not yet been to court, your court date is most likely an arraignment, not the actual trial. At arraignment you enter a plea, and if you plead not guilty, then you'll get a date set for trial, and you'll be required to post bail. The whole process takes less than a minute. You enter your plea before an actual judge, not a clerk. It's all verbal, no paperwork, though the court may ask you to sign a standard document they have everyone sign before you can talk to the judge. You can, at the time you plead, as for release on your own recognizance, but I'd estimate your chances of the judge granting that as somewhere between slim and none.
Re: Being Released on Recognizance vs. Paying Bail
I have successfully been ROR'd at a traffic infraction arraignment. When I requested ROR, the judge asked, "but how do I know you will come back for the trial?" And I told him, "the same way the officer knew I'd appear at arraignment when he had me signt the promise to appear, you have my word." The judge looked at me and said, "that's good enough for me!" and I was out. By the way... I beat the ticket also.
Re: Being Released on Recognizance vs. Paying Bail
Quote:
Quoting
EWYLTJ
I have successfully been ROR'd at a traffic infraction arraignment. When I requested ROR, the judge asked, "but how do I know you will come back for the trial?" And I told him, "the same way the officer knew I'd appear at arraignment when he had me signt the promise to appear, you have my word." The judge looked at me and said, "that's good enough for me!" and I was out. By the way... I beat the ticket also.
Awesome, that's what I needed.
I've learned that the plea date is called an arraignment. I will speak in front of a judge and that's where I can request an ROR. I'm having a lot of fun with this! If I'm understanding correctly, I can go and sit in on a traffic court situation to see how it pans out? Also my discovery request has been mailed asking for just short of an arm and a leg. We'll see what I get back.
Also, I am not doing trial by mail. I have a bias against it thinking that the judge secretly stamps them all guilty without even reading them.
I have already requested and received an extension date to the arraignment due to a slow discovery process. Am I correct in assuming that this will not effect my speedy trial (45 days) as I have not entered a plea? What about after I enter a plea and request extensions to the actual trial date?
Thanks again!
Re: Being Released on Recognizance vs. Paying Bail
Quote:
Quoting
DrMoMo
What about after I enter a plea and request extensions to the actual trial date?
The courts are well aware of the 45 day speedy trial provision and therefore, trial date extension are rarely granted unless you waive your right to a speedy trial.
Re: Being Released on Recognizance vs. Paying Bail
Okay. Cool. I'll let you guys know what I get when I get my request in.