Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2016
    Posts
    24

    Default Can a Court Make You Waive a Speedy Trial if You Seek a Continuance

    My question involves a traffic ticket from the state of: CA , Fremont

    Hello I received a 22350 ticket, prima facie.

    I did the TWD via mail with the check for the ticket. I think this means I don't have speedy trial rights?

    I received a guilty and on APril 9, I went to the clerk officer to do a trial de novo. The date they gave me is 5/7/2018. The clerk told me this date is chosen because its within 45 days??

    Fast fwd I write to the traffic division to move the trial to 5/21/2018, still within 45 days.

    They deny my 5/21 with no reason, but offer July or August??

    "however the Commissioner Clerk would like to inform you that the court is inclined to reschedule your trial to the month of July or August if you would like."

    SO do I have speedy trial rights?

    If not, why do they schedule my trial within 45 days?

    If I select July or August, what will happen, do I give up more rights? Like if the officer is a no show and instead of dismissing the case they rescheule again?

    Should I just keep the orginal 5/7/2018 appt? Or if I don't have any speedy trial rights , it doesnt make a differnce?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,539

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    If you do not want to waive time, you can keep the May 7th trial date. If you want to reschedule, then it appears you will have to waive time. It's your call.

    If you reschedule and for some reason the officer does not show, the matter might be continued or it might be dismissed. You can always make a request that it be dismissed, but there is no guarantee - especially if the officer had a good excuse (vacation, illness, training, a priority call while enroute, etc.)

    So, if you want to extend the date out, waive time. If you want it within that 45 day window, accept the time you have on May 7th.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3
    Join Date
    Nov 2016
    Posts
    24

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    So CDWjava, do I still have 45 day speedy trial rights even though I did a TWD by mail?

    And why would they offer me a date all the way to July or August?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,539

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    Pursuant to the rules of court (4.210(b)) the clerk must schedule a trial de novo within 45 days of the receipt of your request. They did so. If YOU want to continue the matter,you can, but you would have to waive time. You do not have a right to a continuance.

    Courts can be crowded, and if they do not have to force you in to a short time frame, they will schedule your matter out if they can.

    So, again, if the time frame is important, appear in court later this week. If you MUST continue the matter, then accept the fact that you will be waiving time.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5
    Join Date
    Nov 2016
    Posts
    24

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    Ok, If I keep the may 7th date, the officer doesn't show up, then there is a more likely chance of getting the case dismissed?

    versus waiting July/ August and having the court say, "hey you got your continuance, we're going to reschedule anyway b/c the officer has a good reason..."

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,539

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    Quote Quoting weedkill3
    View Post
    Ok, If I keep the may 7th date, the officer doesn't show up, then there is a more likely chance of getting the case dismissed?
    In general, yes. Though it might require you making a motion to dismiss. Different courts have different practices when an officer is a no-show.

    versus waiting July/ August and having the court say, "hey you got your continuance, we're going to reschedule anyway b/c the officer has a good reason..."
    Hence one reason for the dismissal request (time and no prosecution). You can request to have the matter dismissed on May 7th if the officer is a no-show, or, the court may decide to continue the matter to another date still within the 45 day window. If you accept the new date,the argument can be made that you agreed to waive time.

    If the court does not dismiss on its own accord, you may have to make the request on your own. Though, the odds of the officer not showing on May 7th may be small. If the citing officer was CHP or a traffic officer with a local agency, he or she lives for traffic court. A patrol officer, well, you may have a slightly better chance, but in some counties the FTA rate for officers is about 2% while others it can be closer to a third. If the officer shows (and he probably will), you may have to decide whether to fight the case or not. You may also receive an offer of traffic school in exchange for a guilty or no contest plea prior to taking the stand at trial (this is common in many courts after attendance) and told that Traffic School may not be an option if you are found guilty. It may then be tough choice time.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  7. #7
    Join Date
    Mar 2018
    Posts
    326

    Default Re: Continuance Within 45 Days Denied, but Clerk Offers for July or August

    Quote Quoting weedkill3
    View Post
    Ok, If I keep the may 7th date, the officer doesn't show up, then there is a more likely chance of getting the case dismissed?

    versus waiting July/ August and having the court say, "hey you got your continuance, we're going to reschedule anyway b/c the officer has a good reason..."
    Yes, you do have a better argument to get it dismissed if the officer does not show up if you have not waived time (i.e., if you accept the May 7 date). If the court attempts to reschedule, you can and should argue that rescheduling (beyond 45 days from when you requested TDN) violates your constitutional speedy trial rights. If you have waived time,. you can still argue that rescheduling would be unfair to you for whatever reasons you can think of (having to skip work or school, travel far from your residence, etc.)

    1. Sponsored Links
       

Similar Threads

  1. Motions: Can You Assert Speedy Trial Rights After Requesting a Continuance
    By dllzf in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-31-2016, 07:07 AM
  2. Traffic Court Issues: Trial Rescheduled Beyond Speedy Trial Limit After an Initial Continuance
    By Rocky Kern in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 03-24-2014, 06:35 PM
  3. Motions: Speedy Trial Law As It Applies to a Court Issued Continuance
    By BigSkyMind in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 09-02-2010, 10:07 PM
  4. Speeding Tickets: Objecting to a Continuance - Speedy Trial Rights in Washington
    By JohnMarston in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 06-18-2010, 01:58 PM
 
 
Sponsored Links

Legal Help, Information and Resources