Results 1 to 8 of 8

Hybrid View

  1. #1
    Join Date
    Jul 2011
    Posts
    1

    Default Right to Speedy Trial - 45 Day Limit

    My question involves traffic court in the State of: California

    I received a cell phone ticket on 6/1/2011 and then received a courtesy notice stating that i had to appear in court on 7/18/2011. Is the 7/18/2011 my trial date or arraignment date?? According to a few websites, I can get the charge dismissed since my court date is more than 45 days from the date of the infraction. Is this correct? If it is, which part of California law states that explicitly? Any help on this matter will be greatly appreciated. Thanks!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Right to Speedy Trial - 45 Day Limit

    Quote Quoting wigmeister
    View Post
    I received a cell phone ticket on 6/1/2011 and then received a courtesy notice stating that i had to appear in court on 7/18/2011.
    That's your arraignment. If/when you appear before a judge on that date, you enter a plea of "not guilty" and request an in court trial, then the 45 day clock would begin.

  3. #3

    Default Re: Right to Speedy Trial - 45 Day Limit

    What if the defendant files a trial by declaration, and loses it, and request a trial de novo? In determining whether the trial de novo is a speedy trial or not, does one start counting the 45 days from the date of arraignment (as appeared on the ticket), or from the date he files the TWD, or from the date the decision of the TWD is made, or from the date he files the request for the trial de novo?

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Right to Speedy Trial - 45 Day Limit

    Quote Quoting Feng
    View Post
    What if the defendant files a trial by declaration, and loses it, and request a trial de novo? In determining whether the trial de novo is a speedy trial or not, does one start counting the 45 days from the date of arraignment (as appeared on the ticket), or from the date he files the TWD, or from the date the decision of the TWD is made, or from the date he files the request for the trial de novo?
    "Speedy trial" provisions do not apply to the TBD phase or the TDN phase.
    Both processes are initiated by the defendant by written request which is essentially a "not guilty plea submitted in writing" and pursuant to VC 40519, "Any person using this procedure [described in VC 40519] shall be deemed to
    have waived the right to be tried within the statutory period

    While it is true that the California Rules of Court require the clerk to schedule the Trial De Novo within a 45 period from the date the defendant's request is received, a requirement dictated by the Rules of Court does not rise to the level of a "statutory requirement" and as such, it is not enforced inthe same manner and the court is not obligated to offer ay reedy under a delay in the scheduling of aTDN.

    Quote Quoting Feng
    View Post
    .... does one start counting the 45 days from the date of arraignment (as appeared on the ticket), or from the date he files the TWD, or from the date the decision of the TWD is made, or from the date he files the request for the trial de novo?
    Exactly one reason why the speedy tiral provisions do not apply to any phase of the process.

    You want to preserve your right to a speedy trial?
    Then appear in open court, enter a plea of "not guilty" and request a trial. If at that time the court schedules your case outside (past) the 45 day period, then you must make an on the record objection, otherwise, your failing to object/your silence can be construed to mean an "implied waiver" of that right. (See Penal Code section 1382(a)(3)(B)).

  5. #5

    Default Re: Right to Speedy Trial - 45 Day Limit

    I see. This is enlightening. So I guess "lack of the right of speedy trial" is one disadvantage of requesting Trial by Written Declaration (and then Trial de Novo). And the only way to preserve that right is to appear in court on the arraignment date (as appeared on the ticket) and plea not guilty and request a trial.

  6. #6
    Join Date
    Feb 2008
    Posts
    1,622

    Default Re: Right to Speedy Trial - 45 Day Limit

    TG,

    You are not exactly right. A defendant CAN appear in person for his arraignment and request a TBD from the judge. In that case, no written plea would have been entered and the speedy trial rights preserved.

    1. Sponsored Links
       

Similar Threads

  1. Traffic Court Issues: Speedy Trial Violation, Ten Month Delay Before Trial Date
    By chadbaldwin in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 08-06-2011, 09:04 PM
  2. Motions: Trial Denovo Speedy Trial Statute of Limitations
    By la90292 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 3
    Last Post: 03-07-2011, 12:51 PM
  3. Motions: California Trial De Novo, Speedy Trial (45 Days), and Informal Discovery
    By zxd in forum Moving Violations, Parking and Traffic Tickets
    Replies: 7
    Last Post: 11-28-2009, 01:40 PM
  4. Hearings and Trials: Maintaining Rights to Speedy Trial for Trial by Written Declaration
    By Zod in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 05-28-2009, 04:35 AM
  5. Speeding Tickets: Trial By Declaration and Speedy Trial Rights
    By twhite5555 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 15
    Last Post: 12-08-2008, 03:08 PM
 
 
Sponsored Links

Legal Help, Information and Resources