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Pay the Bail or No. Discovery Sent

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  • 07-07-2009, 06:47 PM
    diamente
    Pay the Bail or No. Discovery Sent
    My question involves traffic court in the State of: CA

    I got a red light camera ticket when I didn't stop making a right turn.
    I have sent in the discovery requests to LA county district attorney, LA city attorney and the city police department where I got the ticket at.

    I went to www.lasuperiorcourt.org and got myself a court arraignment date to September. Is that mean it is not a trial but just an arraignment?

    Question is do I need to pay bail before the arraignment date?
    On my instruction page for traffic court, it says I need to pay the bail if I am requesting a court trial. But what about for arraignment?

    I would like to call traffic court and ask but last time it took me about 3 hours waiting on the phone, and I even got disconnected three times.

    On the other hand, I have received return receipts from LA county attorney and district attorney but not the city police. What should I do? Thanks,

    My plan is during the arraignment to move the case to be dismissed because they fail to honor the discovery request.

    Any help is appreciated. Thanks,
  • 07-07-2009, 08:04 PM
    That Guy
    Re: Pay the Bail or No. Discovery Sent
    Quote:

    Quoting diamente
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    Is that mean it is not a trial but just an arraignment?

    You first appearance is your arraignment. If you plead not guilty then the trial is schedule after that.

    Quote:

    Quoting diamente
    View Post
    Question is do I need to pay bail before the arraignment date?

    No! if you plead not guilty at your arraignment then you will be ordered to post bail before the court will schedule your trial date.

    Quote:

    Quoting diamente
    View Post
    I would like to call traffic court and ask but last time it took me about 3 hours waiting on the phone, and I even got disconnected three times.

    You can go to the traffic window in court and they'll immediately answer any questions you might have.

    Quote:

    Quoting diamente
    View Post
    On the other hand, I have received return receipts from LA county attorney and district attorney but not the city police. What should I do? Thanks,

    Chances are they won't respond either... Nothing in the law requires th police to respond to the discovery request.

    Quote:

    Quoting diamente
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    My plan is during the arraignment to move the case to be dismissed because they fail to honor the discovery request.

    A dismissal will not be granted based on a failure to honor the discovery request.

    You can make a motion to exclude evidence that was not provided to you through discovery but really, the only evidence that is needed for a conviction is the picture on the citation and a copy of the engineering/timing report for that intersection and the verifying officer's testimony. You already have a copy of the citation, and the DA/City Attorney will probably provide the report. As for the officer's testimony, you can count on him showing up as that is probably his assignment, verify citations and appear in court.

    So the only question is, who's picture appears on the citation that you received?

    If its yours, I think the chances of you losing this one are 95%.

    Your better bet is to take traffic school. That gives you a chance of 100% dismissal.

    And by the way, while you maybe guaranteed the option of traffic school before a trial, you do not have that same guarantee after a trial.

    Good luck!
  • 07-07-2009, 09:34 PM
    diamente
    Re: Pay the Bail or No. Discovery Sent
    Quote:

    Quoting That Guy
    View Post
    You first appearance is your arraignment. If you plead not guilty then the trial is schedule after that.


    No! if you plead not guilty at your arraignment then you will be ordered to post bail before the court will schedule your trial date.


    You can go to the traffic window in court and they'll immediately answer any questions you might have.


    Chances are they won't respond either... Nothing in the law requires th police to respond to the discovery request.


    A dismissal will not be granted based on a failure to honor the discovery request.

    You can make a motion to exclude evidence that was not provided to you through discovery but really, the only evidence that is needed for a conviction is the picture on the citation and a copy of the engineering/timing report for that intersection and the verifying officer's testimony. You already have a copy of the citation, and the DA/City Attorney will probably provide the report. As for the officer's testimony, you can count on him showing up as that is probably his assignment, verify citations and appear in court.

    So the only question is, who's picture appears on the citation that you received?

    If its yours, I think the chances of you losing this one are 95%.

    Your better bet is to take traffic school. That gives you a chance of 100% dismissal.

    And by the way, while you maybe guaranteed the option of traffic school before a trial, you do not have that same guarantee after a trial.

    Good luck!



    Going to traffic school will cost me $500.

    There has to be a way for case to be dismissed. It's true the police has the 13 second footage and it is me in the video.

    I guess the only way for me to win is if the police doesn't show up at the court. Am i right?

    Even if police do show up, i will plead no contest and ask for traffic school.

    I understand that we have the right to ask for traffic school even we lose but we might not be granted one.
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