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    Default California Speeding Ticket, Speedy Trial Issue, Case Not Filed Yet

    California speeding ticket under CVC 22356 (70 mph freeway) on 7/5/11. From my understanding of websites and prior forums here, the 45 day speedy trial clock starts when a plea is entered in person (pleas by mail waive the right to a speedy trial per statute). As such, I went to the clerk at the court indicated by my notice to appear today (7/21/11) in order to start the ball rolling (as a side note, I received the ticket while returning to my local address from my parent's house, which is my "permanent address." As my handle indicates, I am a grad student, hence the different locations), but according to the clerk my ticket has not been filed yet. She did, however, fill out a slip with today's date and marked the "Case has not been filed with the court" box. This is a standardized slip, but no place for the clerk to sign.

    As such, I have a few questions.

    1. Since I attempted to enter a plea in person today, could I count that as the start of the clock under California Penal Code 1382 (a)(3)? (I doubt it given the wording).

    2. PC1382 (a)(1) reads, "When a person has been held to answer for a public offense and an information is not filed against that person within 15 days."

    Does "been held to answer" require that I be incarcerated for that time period (similar to the 30 day window for 1382), or does being issued a summons count as "being held to answer?" As a follow up, is that 15 calendar days or business days?

    Thanks for this wonderful resource!

  2. #2
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    Default Re: California Speeding Ticket, Speedy Trial Issue, Case Not Filed Yet

    Quote Quoting California student
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    California speeding ticket under CVC 22356 (70 mph freeway) on 7/5/11. From my understanding of websites and prior forums here, the 45 day speedy trial clock starts when a plea is entered in person (pleas by mail waive the right to a speedy trial per statute). As such, I went to the clerk at the court indicated by my notice to appear today (7/21/11) in order to start the ball rolling (as a side note, I received the ticket while returning to my local address from my parent's house, which is my "permanent address." As my handle indicates, I am a grad student, hence the different locations), but according to the clerk my ticket has not been filed yet. She did, however, fill out a slip with today's date and marked the "Case has not been filed with the court" box. This is a standardized slip, but no place for the clerk to sign.

    As such, I have a few questions.

    1. Since I attempted to enter a plea in person today, could I count that as the start of the clock under California Penal Code 1382 (a)(3)? (I doubt it given the wording).

    2. PC1382 (a)(1) reads, "When a person has been held to answer for a public offense and an information is not filed against that person within 15 days."

    Does "been held to answer" require that I be incarcerated for that time period (similar to the 30 day window for 1382), or does being issued a summons count as "being held to answer?" As a follow up, is that 15 calendar days or business days?

    Thanks for this wonderful resource!
    Short answers...

    (1) No.
    (2) No, and "calendar days".

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