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  1. #1
    Join Date
    Jul 2013
    Posts
    2

    Default Notice for Missing Court After Submitting TBWD Request

    My question involves traffic court in the State of: California

    Hi all,

    First time poster here.

    Here is my predicament; a few months ago I received a ticket for not adhering to a stop sign and after two extensions, I was granted till the third of this month to pay for the ticket. Instead of making payment, I requested a court date for Thursday the eleventh to plead not guilty. I then proceeded to mail out a Request for a Trial by written declaration which arrived at the court house on the ninth. I received a return receipt notifying me that the court house received my request and with that, I did not attend my court appearance on the eleventh under the assumption my request would be accepted.

    Today, Friday the twelfth, I received in the mail a response to my request saying I was denied because my request was received six days past its due date, which the letter stated was July third. I had the belief that since I reserved a court date for the eleventh that my request was due on or before that day I requested, not the date my two extensions granted me for payment. Now I have missed my court date and my request had been denied. I will be going to the court house on Monday morning, and I was wondering what should I expect from the court house and if I have any means of amending this situation with out dire consequences such as a heavy fine.

    Also, since I missed the court date, is there a high probability of me having a warrant?

    Thanks in Advance

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

    Default Re: Notice for Missing Court After Submitting TBWD Request

    Quote Quoting Maldonico
    View Post
    My question involves traffic court in the State of: California

    Hi all,

    First time poster here.

    Here is my predicament; a few months ago I received a ticket for not adhering to a stop sign and after two extensions, I was granted till the third of this month to pay for the ticket. Instead of making payment, I requested a court date for Thursday the eleventh to plead not guilty. I then proceeded to mail out a Request for a Trial by written declaration which arrived at the court house on the ninth. I received a return receipt notifying me that the court house received my request and with that, I did not attend my court appearance on the eleventh under the assumption my request would be accepted.

    Today, Friday the twelfth, I received in the mail a response to my request saying I was denied because my request was received six days past its due date, which the letter stated was July third. I had the belief that since I reserved a court date for the eleventh that my request was due on or before that day I requested, not the date my two extensions granted me for payment. Now I have missed my court date and my request had been denied. I will be going to the court house on Monday morning, and I was wondering what should I expect from the court house and if I have any means of amending this situation with out dire consequences such as a heavy fine.

    Also, since I missed the court date, is there a high probability of me having a warrant?

    Thanks in Advance
    A fine example of wanting your cake and wanting to eat it too... All while you end up with nothing!

    You played your game and ended up shooting yourself in the foot and caused your own predicament. If you want a TBD then you don't need to appear in court to plead not guilty, you simply submit your request to the clerk by the appear date. So if you're claiming that the court should have accepted your TBD request then you did not necessarily need to appear in court and that appearance is then cancelled. This resets your due date to the 3rd of July. You request WAS late.

    Alternatively, and just because the return receipt showed that your request was receive, and since it was six days late, you should not have assumed that it was accepted and processed, nor should you expect that your appearance date was cancelled and therefore you should have been in court on the 11th.

    Depending on the court and what else you might have on your record, a warrant is possible but not likely. Even if there is a warrant, then assuming you sent in a check with your TBD request, that would cover your bail ion the underlying charge. And if you appear within the 10 days following your FTA, it would not include the additional fine for an FTA.

  3. #3
    Join Date
    Jul 2013
    Posts
    2

    Default Re: Notice for Missing Court After Submitting TBWD Request

    I figured I was in the wrong here. Thought I was going about this right but I guess not. Well, I'll be going to the courthouse on Monday morning, thanks for the response!

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

    Default Re: Notice for Missing Court After Submitting TBWD Request

    Be prepared to enter a plea on Monday. If you plead not guilty, and assuming you've already posted bail, your case will get scheduled for a court trial.

    You're free to ask the judge if you can opt for a TBD. My guess, based on my understanding of the rules of court, is that you were no longer qualified when you requested your first *extension.

    Of course, most courts do not enforce that provision and so the judge may allow it. I don't know.

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