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  1. #1
    Join Date
    Oct 2015
    Posts
    4

    Question How to Determine the Status of a Trial by Written Declaration

    My question involves a traffic ticket from the state of: California

    Hi guys,

    I got a speeding ticket from CHP in April and extended the latest appearance date to September. The court is Metropolitan Courthouse in DTLA.

    Requested TBD on 08/28/2015
    Turned in the declaration on 09/18/2015 (I went to the court and did it in person)
    now more than 30 days has passed, I looked my case up on the L.A. County Superior Court website, the status is as below:

    Court: Metropolitan Courthouse, 1945 South Hill Street, Los Angeles, CA 90007
    Violation Date: 4/22/2015
    Initial Due Date: 7/31/2015
    Case Status: Court
    Disposition: on 8/28/2015
    Last Action: All other
    Last Action / New Appearance Date: 10/26/2015 in TBD


    What do the last two lines mean? Do I need to take any action on 10/26/2015?

    Thanks!

    John

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Status of My Trial by Declaration Unclear

    Am I missing something? You filed your request for TBD a month late?

  3. #3
    Join Date
    Oct 2015
    Posts
    4

    Default Re: Status of My Trial by Declaration Unclear

    Hi Flyingron,

    No I extended the last action date by 60 days to the end of September haha. Sorry for omitting that

  4. #4
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Status of My Trial by Declaration Unclear

    You don't need to take any action on 10/26. That date was set to allow the officer time to respond to your TBD. On your question of determining case status, you should be able to review your case file at the court. If the officer has responded, you'll see the officer's statement and any other evidence in the file. I'd wait until that date and go check online or go look at the file. Then, you can determine whether you want to request Trial de Novo.

  5. #5
    Join Date
    Oct 2015
    Posts
    4

    Default Re: Status of My Trial by Declaration Unclear

    Hi donzoh1,

    I just went to the LA County Superior Court website and checked the status of my ticket again...now the last two lines read:

    Last Action: All other
    Last Action / New Appearance Date: 11/30/2015 in CLK

    Does it mean the decision has been made by the judge? Do you know what will I be waiting for before 11/30/2015?

    Thank you in advance!

    John

  6. #6
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Status of My Trial by Declaration Unclear

    You don't have any Speedy Trial Rights at TBD. So, you're waiting for a decision. I don't know the court protocol there so it's one of the following options:

    1. The officer has not responded and the case has been sent to the judge for a decision. In this case, you'll be acquitted unless you admitted guilt in your TBD.

    2. The officer has responded and the case has been submitted to the judge for a decision.

    3. The officer has been given additional time to respond, violating the California Rules of Court. I doubt this is the case.

    You can read CRC 4.210 on the procedure that should be followed here regarding timelines and when you should expect a court decision.

  7. #7
    Join Date
    Oct 2015
    Posts
    4

    Default Re: Status of My Trial by Declaration Unclear

    If no.3 is the case...how can I contest that? Do I have to request a Trial de Novo and contest in front of the judge? I work Monday thru Friday and it's hard to ask for time off. Not sure if I can contest through mail?

  8. #8
    Join Date
    May 2013
    Posts
    1,055

    Default Re: Status of My Trial by Declaration Unclear

    Assuming you're correct on that, read CRC 4.210. This is the section violated:

    (5)Instructions to arresting officer

    If the clerk receives the defendant's Request for Trial by Written Declaration (form TR-205) and bail by the due date, the clerk must deliver or mail to the arresting officer's agency Notice and Instructions to Arresting Officer (form TR-210) and Officer's Declaration (form TR-235) with a copy of the Notice to Appear and a specified return date for receiving the officer's declaration. After receipt of the officer's declaration, or at the close of the officer's return date if no officer's declaration is filed, the clerk must submit the case file with all declarations and other evidence received to the court for decision.


    Make sure of your facts before you go making waves. TDN can be requested with Form TR-220 after you get your TBD decision in the mail. The form can be mailed in. I think you may be asked to go to court for arraignment before trial but you might be able to waive this so ask the clerk. Since you've already posted bail, there really is no point in arraignment.

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