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  1. #1

    Default Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pay

    My question involves traffic court in the State of: California

    I received a ticket for being in the carpool lane at a time of day when it is not allowed, and I was hoping to go to court and plead guilty with an explanation. I was hoping that even if the judge did not accept my extenuating circumstances I could at least get more time to pay what I expected would be a $341 fine, which is what is posted on the highway signs. Instead, I got a letter saying my bail was $1389! It also said that I could not get a trial without posting the bail. There is no way I can come up with that kind of money. I just finally got a job after a year of being unemployed, had run out of unemployment insurance three months prior and am now working seven days a week to pay off three months of back rent or be evicted. Even without that, I still have no idea how I could come up with that kind of money before the April 22 deadline.

    The letter said I was to simply send the check with no correspondence included, and it offered no other recourse.

    My two questions are: Why is the amount so huge? And what can I do?

    Thanks so much in advance!

    Respectfully,

    desertdweller

  2. #2
    Join Date
    Sep 2005
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    California
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    Default Re: Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pa

    What code sections were cited?

    Was this a construction zone?

    Do you have any prior traffic convictions?

  3. #3
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    Mar 2013
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    Default Re: Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pa

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

    I received a ticket for being in the carpool lane at a time of day when it is not allowed, and I was hoping to go to court and plead guilty with an explanation.
    Pleading guilty with an explanation is still pleading guilty.

    Quote Quoting desertdweller
    View Post
    I was hoping that even if the judge did not accept my extenuating circumstances
    What extenuating circumstances?

    I can't imagine anything that would justify being in a carpool lane when you weren't supposed to be in it.

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    4,494

    Default Re: Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pa

    My judge used to tell people that pleading guilty with an explanation meant, "I'm guilty but I still want to waste the time of all the rest of the people in the courtroom."

  5. #5
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    Sep 2005
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    California
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    Default Re: Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pa

    The only real guarantee of a sentence you might get is as a result of a "plea" (or, in the case of traffic court, accepting the initial offer most often sent in a courtesy notice indicating a guilty plea, a payment of fines, and the option f traffic school if eligible).

  6. #6
    Join Date
    May 2013
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    1,055

    Default Re: Can't Get Trial Without Posting Bail, but Bail Amount is Way Beyond What I Can Pa

    I'm guessing there are no points involved here so Traffic School is of no value.

    It might be possible to get a reduced fine with a guilty plea but you don't need to explain. You can claim a financial hardship regarding posting bail prior to trial. You can request a delay in your arraignment, which is the date by which you must post bail. Look online at the local court website under case inquiry to see if/when you can request an arraignment delay.

    If convicted at court trial or maybe even at TBD, you can request payments over time, although there is a small fee associated with this.

    You can also delay by following the CRC 4.210 rules. Wait until 5 days before your due date. Write the court and request TBD. Within 15 days, the clerk will reset your date 25 days out which becomes your due date for paying the whole amount and submitting your Form TR205. This only give you about 1 more month and I doubt that you can submit the TR205 without the whole bail amount.


    To get a fine that high, I'm assuming you've done it before.

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