General question on Trial By Declaration

[vstrinski]

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

A general question on the trial-by-declaration procedure:

By electing to do a TBD I understand that I would skip arraignment and enter a plea (thus waiving some rights - like demurrer, discovery etc). And if I'm not satisfied with the outcome I can request a trial de novo.

And here is the question:

In a trial de novo can I still request discovery, etc - including things that are allowed and appropriate only before entering a plea (like demurrer for example)? Or it is assumed that process restarts after the point where I've entered a plea? (and continues as if I've already pleaded not guilty)

What if I want to change my plea and/or take traffic school, etc?

Or it starts from the very beginning, undoing any arraignment/plea, etc and I need to be arraigned again?

 

[I_Got_Banned]

By electing to do a TBD I understand that I would skip arraignment and enter a plea (thus waiving some rights - like demurrer, discovery etc). And if I'm not satisfied with the outcome I can request a trial de novo.

Who told you that you give up your right to discovery by requesting a TBWD?

You don't!

In a trial de novo can I still request discovery, etc - including things that are allowed and appropriate only before entering a plea (like demurrer for example)? Or it is assumed that process restarts after the point where I've entered a plea? (and continues as if I've already pleaded not guilty)

Question is, why would you want to waste your time with a TBWD if you have not requested the discovery of the items that you may need to properly defend yourself with a good argument in your defense?

You can request discovery after a TBWD and before your Trial De Novo but why wait until then?

What if I want to change my plea and/or take traffic school, etc?

While a judge cannot simply deny your request for traffic school merely based on the fact that you elected to go the TBWD route, he/she is under no obligation to grant you such a request nor is he/she required to give an explanation as to why they are refusing your request.

Or it starts from the very beginning, undoing any arraignment/plea, etc and I need to be arraigned again?

You don't get another arraignment. If you are found guilty then you can request a Trial De Novo... If you are found not guilty then you're obviously done!

 

[vstrinski]

I got involved in a discussion with a friend who got a ticket but she's been abroad for the last few months (and certainly not requested any discovery). She's due to appear a few days after she gets back, so she thought to start with the TBWD (as the easiest thing to do) and if it doesn't work then deal with discovery, etc.

You don't get another arraignment.

I think this answers my question. So the only chance to demur would be before entering any plea (and going with a TBWD).
Everything else can be done during the trial de novo.

 

[I_Got_Banned]

I got involved in a discussion with a friend who got a ticket but she's been abroad for the last few months (and certainly not requested any discovery). She's due to appear a few days after she gets back, so she thought to start with the TBWD (as the easiest thing to do) and if it doesn't work then deal with discovery, etc.

A good explanation! And a good plan...

I think this answers my question. So the only chance to demur would be before entering any plea (and going with a TBWD).
Everything else can be done during the trial de novo.

Right.