Discovery Requests and Extentions in California
My question involves traffic court in the State of: California.
I got a citation for failing to stop at stop sign (VC 22450a) and I plan on doing a TBD.
My first question is:
Who do I send the discovery request to? I 've read to send it to the DA, city attorney, and CHP office where citing officer is located.
My second question:
Do all county courts allow extentions? My appearance date is in about three weeks and the court still hasn't processed my citation. I called five days ago and they said to call back in two weeks, which would be a week before my appeaence date.
Re: Discovery Requests and Extentions in California
Who else is there to whom you might send a discovery request?
I've never encountered a court or prosecutor who won't allow for a first adjournment upon reasonable cause and documentation of the claimed cause.
Re: Discovery Requests and Extentions in California
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Makena
Who do I send the discovery request to? I 've read to send it to the DA, city attorney, and CHP office where citing officer is located.
I would send it to the D.A. OR the City Attorney (contact the court clerk for clarification on which) AND to the CHP.
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Makena
Do all county courts allow extentions? My appearance date is in about three weeks and the court still hasn't processed my citation. I called five days ago and they said to call back in two weeks, which would be a week before my appeaence date.
You can request an automatic 60 day extension. However, for your request to be granted, the citation will have to have been filed in court. So if you call a few days before the appearance date on the citation and it is yet to be on file, then you'd be best advised to appear in court on that date, go to the clerk's window, request a proof of appearance stamp, and then continue to check periodically regarding a new appearance date.
Re: Discovery Requests and Extentions in California
I called my county's DA office and they said for infractions you send discovery requests to the citing agency.
If the CHP doesn't respond within the time limit (15 days), but they do respond after fifteen days do I still have grounds to request exclusion of the requested items or to ask for dismissal.
One big question I have is: If I make a discovery request, do I also have to submit evidence (pictures I took) to the prosecution as well. Or do they have to request it like I am doing? Keep in mind I plan on doing a TBD.
Re: Discovery Requests and Extentions in California
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Makena
I called my county's DA office and they said for infractions you send discovery requests to the citing agency.
I would still send the original request to the D.A. and copy the CHP. But that's just me...
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Makena
If the CHP doesn't respond within the time limit (15 days), but they do respond after fifteen days do I still have grounds to request exclusion of the requested items or to ask for dismissal.
If they fail to provide you with items in your request, you can make a motion to compel... If they provide the items past the 15 days but before trial, you already have the material so you have no reason to complain!
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Makena
One big question I have is: If I make a discovery request, do I also have to submit evidence (pictures I took) to the prosecution as well. Or do they have to request it like I am doing? Keep in mind I plan on doing a TBD.
I'm not sure where people get the idea that the officer will change his testimony or the evidence he presents based on what "evidence" the defendant has... but, if you feel your case is different, and since you're requesting evidence from them, you can reciprocate and provide them with what you have. Though I doubt they'll complain if you don't!
Realistically, for a 22450 citation, what else besides the officer's notes are you requesting or what are you expecting?