Look at this link http://www.courts.ca.gov/cms/rules/i...nkid=rule4_210 and review the procedure, paying particular attention to the upper and lower case letters that are applied to the phrase Trial By Written Declaration. The bottom line is that your written request for that is distinct from and precedes your actual submission of Form TR205. The step you'd be skipping could shorten your overall time frame by a month or so and require you to submit the bail amount about that much earlier. Most people skip this part because they or in some cases, the court clerks don't actually know the rules here. If you try it the long way, you might well get the "We've never done it that way before" answer so you might refer to the specific CRC 4.210 provision that's relevant.Quote:
Quoting robert1307
When to File Form TR002 in Traffic Court
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02-02-2015, 06:24 PMdonzoh1Re: Form Tr002
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02-03-2015, 09:01 PMrobert1307Re: Form Tr002
The link you specified says:
"b.2. If the clerk receives the defendant's written request for a trial by written declaration...", my question is still same: what's the form of this request?
Should I just write "Please, allow me to participate in a "trial by written declaration" process and mail me TR-205 form. Thank you."?
The form TR002 looks like exactly what I'm looking for, may I use it here?
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Found a similar topic (http://www.expertlaw.com/forums/showthread.php?t=134316), guy there tried to get the same basic answer through all his posts lol, this thread can be merged and closed. Thanks everyone. -
02-04-2015, 09:13 AMsearcher99Re: Form Tr002Going back to your original question, I would say that you should comply with exactly what is stated in the rule referenced above. The rule requires that in order for you to receive an extension the clerk must receive “the defendant's written request for a trial by written declaration by the appearance date indicated on the Notice to Appear”. Whether you already downloaded form TR-205 or not doesn’t matter.Quote:
Quoting robert1307
The other form you referenced (Written Not Guilty Plea/Request for Trial by Written Declaration) is not mentioned in the rule, so any properly worded written request should work, such as the suggested form on Helpigotaticket for example. -
02-09-2015, 10:21 AMrobert1307Re: Form Tr002
Me again. TBD request text from Helpigotaticket contains "Case (ticket) number" field. I'm not able to find this number on the only piece of paper I have so far - "Notice To Appear". There is just a serial number in the upper right corner, which I'm sure is not same as "Case (ticket) number". There is also a field "Incident No" which looks like what I need, but it's empty!
So my question is: how to get a "Case number" for referring from TBD request mail? -
02-09-2015, 10:30 AMfree9manRe: Form Tr002
The case number is traffic cases is usually the citation number, which I'm betting is the serial number you are referring to. Which agency issued the citation?
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02-09-2015, 10:47 AMrobert1307Re: Form Tr002
San Francisco Police Department.
Saying "Citation" - do you mean "Notice to Appear"? -
02-10-2015, 11:22 AMdonzoh1Re: Form Tr002In California, the case number is assigned by the court and is different than the citation number printed on the citation.Quote:
Quoting free9man
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Form TR002 has no application here as it's from a different county. It does however provide an interesting example of a local court that apparently doesn't want to follow the MANDATORY provisions of the California Rules of Court relating to TBWD.
Therefore, the legally correct thing to do is follow CRC as outlined on helpigotaticket.com or specifically within the rules themselves. Who knows whether your local court wants to follow them or not. -
02-10-2015, 04:17 PMrobert1307Re: Form Tr002Where should I get case number from? All I have in hands is a "Notice to appear". I can't make a written request for TBD without case number.Quote:
In California, the case number is assigned by the court and is different than the citation number printed on the citation.
I think the purpose of TBD is not going to court at all, but I have to go to court to get a case number anyway, otherwise I can't initiate TBD process... -
02-10-2015, 08:24 PMjeff1970Re: Form Tr002Question 1. Where did you learn that you can't submit a written request for TBD without a case number?Quote:
Quoting robert1307
Question 2. Are you planning to use a form (TR002) from another county and which has no application in your case?
Question 3. Have you reviewed either the California Rules of Court or helpigotaticket.com on the above two questions?
Question 4. What did you find out? -
02-11-2015, 07:26 AMrobert1307Re: Form Tr002From helpigotaticket.com (everyone recommend it here), especially this form - http://www.helpigotaticket.com/forms/TBDrequest.doc.Quote:
Question 1. Where did you learn that you can't submit a written request for TBD without a case number?
"Case number" in this form looks reasonable: how clerk (or whoever) may know which case I want to initiate TBD for? You may say they could use my home address, but I might have two or more notices to appear at the same time etc, so case number looks mandatory.
No, I'm not. After guys here explained me it relates to a different county, the topic name become misleading. I would rather name it "TBD Initiation Process - A Warrior Path".Quote:
Question 2. Are you planning to use a form (TR002) from another county and which has no application in your case?
YesQuote:
Question 3. Have you reviewed either the California Rules of Court or helpigotaticket.com on the above two questions?
That without "Case number" clerk will not be able to find my bail amount and send all necessary forms back to me.Quote:
Question 4. What did you find out?