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  1. #21
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting Hume1234
    View Post
    i was given a ticket for VC22349a exceeding 65 by pacing I requested the video and have a copy. It was Orange county, their court says partial open and I was going to appear on Monday and hope to be turned away and ask for something stating that.
    The courthouse is CLOSED. More than likely you won't even get in the front door. As far as "something" saying you were turned away, you won't get anything, however, the court can take judicial notice of the fact the courthouse was closed.

    Quote Quoting Hume1234
    View Post
    ...I was going to appear on Monday and hope to be turned away and ask for something stating that.
    If you decide to try and make an appearance on Monday, let us know what happens.
    *****
    I may not always be right, but I am never wrong.

  2. #22
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    Hi I did try to appear and they did turn me away, I asked for some form of proof of appearance and they denied that however i did speak to the case manager and she gave me her details to use if there was an issue.

  3. #23
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    Any suggestions on where to go from here as obviously they will come after me?? Should I write to the court and request a dismissal due to the 45 day speedy trial failure??

  4. #24
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    Quote Quoting Hume1234
    View Post
    Any suggestions on where to go from here as obviously they will come after me?? Should I write to the court and request a dismissal due to the 45 day speedy trial failure??
    At this point, there is nothing you can do unless you just want to pay the fine. If you do nothing, the problem the court has is what are they going to come after you for. It can't be for a Failure to Appear, because of the court closure you couldn't appear.

    No, you can't request a dismissal because the 45-day requirement doesn't start until you are arraigned.

    Quote Quoting Hume1234
    View Post
    i did speak to the case manager and she gave me her details to use if there was an issue.
    What details did she give you?

    I don't think the California Judicial Council has figured out how to handle the backlog of cases the courts are going to be hit with when they reopen.

    At this point, all you can do is wait, it's in the courts hands now.
    *****
    I may not always be right, but I am never wrong.

  5. #25
    Join Date
    May 2020
    Posts
    6

    Default Re: Speedy Trial and Stay at Home Orders

    Her position and name, she is the case processing manager at the court for Orange county. I asked for proof of appearance and while she said she couldnt give anything she said she would allow me to use her for a witness of appearing at the court

  6. #26
    Join Date
    Jul 2016
    Location
    Paso Robles, California
    Posts
    540

    Default Re: Speedy Trial and Stay at Home Orders

    What did you do that makes you think she will remember YOU several months down the road? In any case, she is irrelevant. As I said before, the court will know that they were not open on the day you were to appear in court and could not make your required appearance.
    *****
    I may not always be right, but I am never wrong.

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