Assigment of a Judge for a Trial De Novo
California.
I have a Trial de Novo on Friday, I've never been to an actual court trial before. What should I expect?
Is any of this correct?
- If I have the same judge who found me "Guilty" on my TBWD & the officer does not show up; ask for the case to be dismissed for lack of prosecution.
- If I have the same judge who found me "Guilty" on my TBWD & the officer does show up; file a peremptory challenge and get a new judge (hopefully scheduling for another date where the officer may not show up)
- If I have a new judge & the officer does not show up; ask for the case to be dismissed for lack of prosecution.
- If I have a new judge & the officer does show up; file a peremptory challenge and get a new judge (hopefully scheduling for another date where the officer may not show up)
Re: Checked "Same As Driver"
If the officer doesn't show, you can request dismissal for lack of evidence (the officer is the only evidence against you). Nothing in the TBWD is used at the TDN.
You're not getting a new judge.
I wouldn't hold my breath on the officer not showing up. It's their job and in most cases, the trial dates are set for THEIR convenience.
Re: Checked "Same As Driver"
Quote:
Quoting
flyingron
If the officer doesn't show, you can request dismissal for lack of evidence (the officer is the only evidence against you). Nothing in the TBWD is used at the TDN.
You're not getting a new judge.
I wouldn't hold my breath on the officer not showing up. It's their job and in most cases, the trial dates are set for THEIR convenience.
The judge seemed nice; however, the officer was out of town and the judge granted him one continuance.
Re: Checked "Same As Driver"
You'll have to defend based on the merits, not on some gimmick.
Re: Checked "Same As Driver"
Quote:
Quoting
HawkMan
The judge seemed nice; however, the officer was out of town and the judge granted him one continuance.
Requesting a continuance is different than no-showing.