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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Unhappy How to Get an Earlier Court Date

    Hi I have a question regarding this thread. I was arrested on a warrant two weeks ago. It's a traffic warrant for speeding and hit run and run (misdemeanor). Currently DMV is holding up my license due to the courts. The date I was given for court is June 02, 2009. I asked the clerk for an earlier date and she said it was impossible.

    What can I do to get in court sooner? Should I keep my mouth shut and ask for a dismissal at my court date based upon Penal Code 1382(a)(3) ?

    Thanks in advance!

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speedy Trial Rights For A Traffic Ticket

    Quote Quoting Jawndoe
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    Hi I have a question regarding this thread. I was arrested on a warrant two weeks ago. It's a traffic warrant for speeding and hit run and run (misdemeanor). Currently DMV is holding up my license due to the courts. The date I was given for court is June 02, 2009. I asked the clerk for an earlier date and she said it was impossible.

    What can I do to get in court sooner? Should I keep my mouth shut and ask for a dismissal at my court date based upon Penal Code 1382(a)(3) ?

    Thanks in advance!
    You were arrested and released on your Own Recognizance or did post bail and were subsequently released?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speedy Trial Rights For A Traffic Ticket

    Quote Quoting Jawndoe
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    Hi I have a question regarding this thread. I was arrested on a warrant two weeks ago. It's a traffic warrant for speeding and hit run and run (misdemeanor). Currently DMV is holding up my license due to the courts. The date I was given for court is June 02, 2009. I asked the clerk for an earlier date and she said it was impossible.

    What can I do to get in court sooner? Should I keep my mouth shut and ask for a dismissal at my court date based upon Penal Code 1382(a)(3) ?

    Thanks in advance!
    Presumably you failed to appear at some point in the proceedings which is why the warrant was issued.

    PC 1382(a)(3) states that you must be brought to trial within 45 days of arraignment. If you FTA'd, you kinda waived that right.

    Consult local counsel.

    - Carl

  4. #4
    Join Date
    Apr 2009
    Posts
    2

    Default Re: Speedy Trial Rights For A Traffic Ticket

    I was arrested given and court date and OR'd.

    As far as the FTA warrant, how can I have waived my rights when I didn't know about the warrant.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Speedy Trial Rights For A Traffic Ticket

    Quote Quoting Jawndoe
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    I was arrested given and court date and OR'd.

    As far as the FTA warrant, how can I have waived my rights when I didn't know about the warrant.
    You failed to show for court - that's why the warrant was issued, I imagine.

    If you want to try and pull the 45 day rule, go right ahead. While I don't have the law on this at my fingertips right now, I can't imagine that the system allows you to stay on the run for 45 days or more and manage to avoid prosecution. Nope.

    So, when the judge denies your plea, what's Plan B?

    Have you consulted an attorney about this novel strategy of yours?

    - Carl

  6. #6
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speedy Trial Rights For A Traffic Ticket

    Quote Quoting Jawndoe
    View Post
    I was arrested given and court date and OR'd.

    As far as the FTA warrant, how can I have waived my rights when I didn't know about the warrant.
    You failed to appear for a misdemeanor Hit and Run, had a warrant, they arrested you and then they OR'd you?

    I would call that your "freebie"...

    By the way, an FTA, in and of itself is also a misdemeanor.

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Speedy Trial Rights For A Traffic Ticket

    Wait, I think I figured it out...

    The date that you are appearing in court on -June 2, 2009- is not your trial date... It is your arraignment date. So if you plead "not guilty" the court may have to set your trial date within the 45 days from June 2, 2009 (unless Carl's theory is correct and you're deemed to have waived that right by you FTA).

    A little premature to be crying foul when you have not been arraigned as of yet.

    Question is, will the judge release you after you enter a plea (and assuming you plead not guilty)??? Considering the fact that you FTA'd, my guess is that the Judge will set bail or remand you into custody.

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