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  1. #1
    Join Date
    Jul 2007
    Posts
    26

    Default Error By Court Staff As Grounds For A Continuance

    On July 26, 2007 - I am accused of driving at 77 mph in 65 mph zone in Cambridge, Guernsey County, Ohio.

    On July 29, 2007 - I plead not guilty and requested for a trial date.

    On August 1, 2007 - I received a letter from Cambridge Court asking me to appear for trial on August 22, 2007.

    On August 9, 2007 - I faxed a Public Records Request to Cambridge Court for discovery (requesting the COP to produce documents such as device's calibration, officer's training certificates etc. before trial date of August 28, 2007 so that I can defend my case). ***Immediately after I faxed the Public Records Request I called the Cambridge Court's office and inquired if they received the Public Records Request. The lady who answered my phone read my name from the fax received and said that he will send the request to the Prosecutor. I also have the fax confimation report of the Public Records Request with me.

    On August 10, 2007 - I receive a letter from Cambridge court that the prosecutor has requested for continuance of trial from August 22, 2007 to August 28, 2007 because the COP will be on vacation from August 16,
    2007 to August 23, 2007.

    ----------------I have not received any documents before my trial day, August 28, 2007---------------------------------------------

    On August 28, 2007 - I drove 4 and half hours (I live in Indianapolis) and appeared at the court at 10.00 a.m.

    Approximately 15 minutes before the trial is to begin, the prosecutor came to me while I was waiting outside the court room, and asked me to accept the charge and she will reduce the charge to going 9 miles above the posted limit. I asked her about the documents I requested in the discovery request. The prosecutor told me that she did not receive any such request and her fax number is different. I showed her the fax confirmation and also mentioned that after sending the fax, I confirmed with the court personnel whether they received the discovery request. Well the thing is I faxed the "Not Guilty" plea also to the same fax number. I know the prosecutor was lying. I asked her to keep the money I paid to the court but dismiss the charge because this charge will cause my insurance premium go up. She said that she will reduce it to a non-moving charge. I told her that I am not sure if that will not result in the increased premiums. I also told her that first of all I was not speeding and why should I accept to a non-moving charge when I am not at fault. She then asked me what I want her to do. I asked the prosecutor to dismiss the charge because they failed to produce the documents before the trial. She said she will not do that but she will make a motion for continuance of the trial and mail the documents in the discovery request. She also said that I don't have to come to the trial again and can call her to accept the non-moving charge and she will do the needful. I told her that I will accept to even a non-moving charge only after first looking at the documents they submit to me later pursuant to the discovery request. She said fine (you should look at her face) and there she takes me into the court room.

    In the court room

    The prosecutor said - Your honor, I spoke to the defendant and the defendant says he has made a fax request to the court but I have not received any such request and therefore I seek continuance of the trial.

    I said to Judge - Your honor, I faxed the request to the court and confirmed with the court personnel and they said they received the request.

    Judge - I grant prosecutor's motion for continuance and order the trial again on September 26, 2007.

    What should I do now?

    My questions are:

    Can error on the part of court personnel be a ground to order continuance of trial(I know they are all lying)?

    Can I make a motion to dismiss the case because the Judge's reasoning to order continuance of the trial again on September 26, 2007 based on court personnel's error is not a good reasoning?


    One more point:

    Today, I came to know that in the case of first offense (mine is first), they must try me within 30 days from the day of offense. The right to speedy trial is waived if I don't make a motion to dismiss the case prior to or at the commencement of the trial.

    I should have been tried on or before August 26, 2007 (30 days end on August 26, 2007) but was tried on August 28, 2007. Although I did not make a motion to the judge, when prosecutor asked me outside the court room prior to the trial, what I want her to do, I asked the prosecutor to dismiss the charge for not producing the documents. She said she could not do that but could make a motion for continuance and produce the documents.

    I am telling you, the judge is not at all interested in listening to me in the court room and just ordered the continuance of the trial. I was in the court room for only 2 minutes, while I was negotiatiog with the prosecutor outside the court room for more than 15 minutes.

    Another question:

    Can I make a motion to Judge that I was denied speedy trial (because I was tried after 30 days) and I requested the prosecutor in time (prior or at the commencement of trial) outside the court room for dismissal of charge and she was reluctant to do that?

    By the way, the hero ( I mean the COP ) was also there and was watching all this quitely. I know that he will not be able to produce all the documents I requested and I also have the feeling that he did not calibrate the laser gun as required.

    I just don't want to travel 4 and half hours again for trial trial on September 26, 2007.

    My final question:

    Will having the speeding violation reduced to non-moving violation keep my insurance rates the same?

    Thank you for your time in reading my story. I would appreciate if anyone of you could answer my questions. Thanks again.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Error By Court Staff As Grounds For A Continuance

    The court and the prosecutor have different offices. The fact that you sent something to the court does not automatically mean that you sent it to the prosecutor, or that the prosecutor received it.

    Your insurance agent can confirm, but I doubt that a nonmoving violation will affect your insurance rates.

  3. #3
    Join Date
    Jul 2007
    Posts
    26

    Default Re: Error By Court Staff As Grounds For A Continuance

    That is the reason why I asked the court personnel about the procedure for the discovery request. They told me to fax the letter to them and they will pass it on to the prosecutor. I faxed them the discovery request and also I called them to see if they received it. I called them both before and after I faxed the discovery request to make sure I am following the proper procedure and the request will get to the prosecutor.

    The fact is their case is weak and they want my money. So, they all get together, lie and deceive me. They want me to work hard to win my case. When I first told them I faxed the court request, I was searching in my file and was not able to find the fax confirmation in my file for couple of minutes and then I found it and showed the fax confirmation to her. I told the prosecutor that I don't lie. You should see her face, she felt embarrassed.

    One thing for sure, if they want to take my money, they have to work hard. The judge did not give me an opportunity to speak completely and ordered for the continuance upon prosecutor's request. Why so? I am denied of the right to speedy and fair trial and therefore, I believe I can have the case dismissed on that ground. As a lay man, I believe so and I am new to all this traffic court.

    I would have been better off if the prosecutor did not come to me voluntarily and negotiated with me outside the court room. I would have asked the judge to dismiss the charge in the court room itself. Who gave her the right to come to me and start negotiating with me. If I want to plead guilty or reduce my charges, I would have approached her. But why did she come to me in the first case? The reason is they want my money. I told her I will not accept even to a non-moving charge without looking at the documents and the evidence against me. These kind of things will only encourage police and court's improper conduct in future. I will not let this happen to me. I will make all of them sweat out to get money out of me. One thing, they all should remember they need to prove beyond reasonable doubt that I am speeding. I will go through the documents, I am sure there will be a way out for me. The prosecutor did not expect me to travel all the way from Indianapolos to Cambridge. Why was she saying that I do not need to travel again to Cambridge? Well, when you accused me of something, I have the right to defend. It is me who need to decide whether to travel to court again or not. Did they ask me whether I would accept speeding when they issued the ticket? No, they just issued me the ticket. Now, they have to prove that I was speeding and that too beyond reasonable doubt.

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