CA: Court Decision Timelines Don't Add Up - TBD, Extensions, etc

[surfer349]

What is the name of your state (only U.S. law)? California

So I'll try to summarize and be short. No "he said, she said," just the dates/facts.

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2/23/10: received HOV lane violation in LA County from LAPD. Due date set to 4/09/10. $446 ticket.

3/17/19: requested "Appearance Date Extension" online. New date set to 6/08/10.

5/20/10: Requested another extension, new date set to 6/24/10.

6/01/10: Mailed in TBD request, outlining my story and requesting written statement from officer (to prepare my defense), along with my $446 bail check.

7/15/10: Nothing received from courts. Logged into system and see that "New Appearance Date" for TBD set to 8/24/10.

10/01/10: Still nothing received from courts. Logged in to see "New Appearance Date" for "061, Court Trial" set to 10/20/2010. (WTF? I requested a TBD).

10/20/10: Went to court to figure out what's going on. After waiting in line, and sitting in the court room and the officer looking up my information, I was told that the 10/20 date is simply the date that the lawyers will look at my case. Nothing had been decided and to go home and wait for a letter.

2/03/11: After four more months of nothing, I received a letter post-marked 2/03/11 (I have the envelope) with a yellow carbon-copy stating the decision of my TBD --> Guilty, with a signature dating 9/29/10 from the Judicial Officer. Additionally, the Judicial Officer wrote "mailed 2/03/11" on the yellow carbon-copy. They now keep my $446 bail check.
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So, wtf is going on here? Do I have any sort of recourse? I don't understand how I can receive a decision letter dating 9/29/10, when I went to court on 10/20/10 and was told no decision was made yet. I didn't receive any statement back from the officer. Additionally, almost 12 months went by before I was mailed anything official.

The reason this post has been delayed is that I was moving states recently and this fell to the back burner.

Do I have any sort of recourse or legal action left? This just smells fishy.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[I_Got_Banned]

Do I have any sort of recourse?

You "HAD" one option... That being the option to request a Trial De Novo within 20 days of the date the Decision/Notice of Decision (form TR-215) was mailed to you. Unfortunately, if TR-215 was dated on 2/03/2011, that window closed on 2/23/2011.

I don't understand how I can receive a decision letter dating 9/29/10, when I went to court on 10/20/10 and was told no decision was made yet.

Regardless of when the decision was made, you had 20 days from the date on the notice you received. In fact, the form you received (TR-215) specifically states the following statement in bold letters on the bottom half of the front of that form (and additional instructions on the back of the form):

IF YOU WISH TO REQUEST A NEW TRIAL, YOU MUST SUBMIT A REQUEST FOR NEW TRIAL (TRIAL DE NOVO) (FORM TR-220) WITHIN 20 DAYS OF THE DATE STATED IN ITEM 2 OF THE CLERK'S CERTIFICATE OF MAILING (see reverse).​

Additionally, almost 12 months went by before I was mailed anything official.

With as busy as California's traffic courts are these days, that's the nature of a TBD case. Nothing out of the ordinary.

 

[N Nartin]

They system is not set up to be fair, just a hassle & unfair.

 

[I_Got_Banned]

6/01/10: Mailed in TBD request, outlining my story and requesting written statement from officer (to prepare my defense), along with my $446 bail check.

7/15/10: Nothing received from courts. Logged into system and see that "New Appearance Date" for TBD set to 8/24/10.

10/01/10: Still nothing received from courts. Logged in to see "New Appearance Date" for "061, Court Trial" set to 10/20/2010. (WTF? I requested a TBD).

Just to clarify two more point:

1. There is no such thing as "a written statement from the officer". While you could have requested some items via "discovery" (ex: the "officer's notes"), that is different from the "officer's written statement" (i.e. his declaration) which is NOT something you get to see before you submit your declaration and a verdict is reached... And...
2. The court is not obligated to provide you with discovery... You would have had to serve that request on the L.A. County District Attorney or the L. A. City Attorney.

They system is not set up to be fair, just a hassle & unfair.

Not sure why or how you can come to the conclusion that its "unfair".... Yes, a TBD does take some time to get through but you'll also note that the defendant contributed to the delay (3 months worth of extensions). Also, he could have opted for a regular trial which is typically held within 45 or so days from the arraignment.