misfiled Arraignment - Case Dismissed?

[santacruznabs]

What is the name of your state? CALIFORNIA


August 6th I was on calendar to be arraigned for misdemeanor charges of driving on a suspended license. There was no arrest. No warrant.

At traffic court I was read my rights, the judge read me the charges and I pleaded not-guilty. However the judge shook his head at some confusion.

Misdemeanor charges MUST be handled in Criminal Court, and not in Traffic Court the Judge stated. Because these weren't infraction charges he ordered the clerk to send the paperwork back to the officer with a note to properly file the charge with the District Atty, not the traffic court.

Can I use this to dismiss my case?

[1] "Penal Code section 1382 requires misdemeanor trial within 30 days after arraignment for a defendant in custody and within 45 days after arraignment for one not in custody. "

Once the charges go through the judicial process to the Criminal Court, it will be about 60 days for the new arraignment date.

Is it correct logic that Penal Code applies to the first arraignment (although misfiled in Traffic Court) and not the second one in criminal court?

[2] Are there cases that have won based on clerical delays deamed reckless, unecessary, etc?

[3] Any other ways of looking at this?

I'd be more than greatful for any ideas or case opinions to point me in the right direction.

Thanks in advance,

Santa Cruz

Originally Posted by santacruznabs

What is the name of your state? CALIFORNIA


August 6th I was on calendar to be arraigned for misdemeanor charges of driving on a suspended license. There was no arrest. No warrant.

At traffic court I was read my rights, the judge read me the charges and I pleaded not-guilty. However the judge shook his head at some confusion.

Misdemeanor charges MUST be handled in Criminal Court, and not in Traffic Court the Judge stated. Because these weren't infraction charges he ordered the clerk to send the paperwork back to the officer with a note to properly file the charge with the District Atty, not the traffic court.

Can I use this to dismiss my case?

[1] "Penal Code section 1382 requires misdemeanor trial within 30 days after arraignment for a defendant in custody and within 45 days after arraignment for one not in custody. "

Once the charges go through the judicial process to the Criminal Court, it will be about 60 days for the new arraignment date.

Is it correct logic that Penal Code applies to the first arraignment (although misfiled in Traffic Court) and not the second one in criminal court?

[2] Are there cases that have won based on clerical delays deamed reckless, unecessary, etc?

[3] Any other ways of looking at this?

I'd be more than greatful for any ideas or case opinions to point me in the right direction.

Thanks in advance,

Santa Cruz

First off let me say this to you...You are trying to get advice on how to fight the law on a crime you admitted to.....You will not get it here!!!!
If you read previous posts based on "Clerical errors" you will find that 'NO' the case will not be dismiised and/or you will not beat it.

[santacruznabs]

Dan148,

Easy there buddy, I'm not sure how your statement is helpful to me in any way. If you don't have advice, or something helpful to say, please don't waste your time with an unnecessary post. I'm sure other members would agree. This is a forum to help each other, promote the lines of information, not bash each other. Theres other forums on the internet with highschool kids for that stuff.

If theres a lawyer out there that has seen a case similar to mine, I'd be interested in their advice. If there happens to be a non-lawyer that also is educated in these matters in California, I'd like to hear from them.

Btw, I did not admit to this crime, nor am I guilty of it. The license suspension is mistake of "too a many parking tickets", and is being fought in a separate court as we speak.

Originally Posted by santacruznabs

Dan148,

Easy there buddy, I'm not sure how your statement is helpful to me in any way. If you don't have advice, or something helpful to say, please don't waste your time with an unnecessary post. I'm sure other members would agree. This is a forum to help each other, promote the lines of information, not bash each other. Theres other forums on the internet with highschool kids for that stuff.

If theres a lawyer out there that has seen a case similar to mine, I'd be interested in their advice. If there happens to be a non-lawyer that also is educated in these matters in California, I'd like to hear from them.

Btw, I did not admit to this crime, nor am I guilty of it. The license suspension is mistake of "too a many parking tickets", and is being fought in a separate court as we speak.

I am not bashing you nor am I being rude, I am simply stating my opinion based on reading other threads and the advice given by even the most experienced advisors on this site.

"Can I use this to dismiss my case?"

You are clearly asking the people on this site to advise you on how to "Fight to law" if you were in fact guilty of driving on a suspended license, which is a crime. If you are not guilty of the crime, then why look for a way to "Dismiss it" why not plead your case?

[CdwJava]

Originally Posted by santacruznabs

Btw, I did not admit to this crime, nor am I guilty of it. The license suspension is mistake of "too a many parking tickets", and is being fought in a separate court as we speak.

Well, two things on that .... (1) CA does not associate parking tickets with your driver's license, so unless you were IN your parked car when you were cited, its not for too many parking tickets. The delinquent parking tickets are held against the registration of the vehicle not against the driver since the driver is not known.

And (2) even if for some bizarre reason it WERE parking tickets, just whose fault would that be if not yours?

As for the due process issue, I'm not sure that it applies because you are in the midst of the process. You had an arraignment it sounds like ... but, if the judge decided he did not have jurisdiction to hear the case and remanded it, then you might have an issue. Maybe.

I find the whole thing odd because it is pretty common in most counties to drop misd. suspended license and unlicensed driver cites back down to infractions so they CAN be heard in traffic court.

Carl