Request of Discovery, misled

[moneyy]

What is the name of your state? CA

This is an update of a situation I asked about last week.

So basically, about a month ago I went to Arraignment to schedule a court date pleading not guilty for a speeding citation. The judge gave me some time to file a request of discovery. Asking the court officer at the time where do I go to file the request he said he had no idea. I went to the clerk and they said they had no idea but sent me to the California Highway Patrol Branch. Finally a definite answer! I went to the CHP branch and talked to one of the clerks to file a request of evidence what they called it, and they told me they don't handle such things. So they sent me to the District attourney's office. I feel like I'm finally getting somewhere. I get there, go to the DA's office and go to the counter and see request of evidence/discovery forms. YES finally. I fill it out hand it to the clerk and they said they would give me a call in about 30 days. 30+ days rolls by and now my trial date is this week. Panicked I call the DA's office and ask them what's going on, and they basically told me the CHP is the one that does the requests for my speeding citation. Now, I'm basically left in the dark with no proper case on hand and going to enter court with nothing but a dumbfounded look on my face.

What can I do about this? Can I motion for another court date, if so then by what grounds? I mean this is to say that the officer even shows up, if he doesn't then of course I'm not going to say anything. But in the likelihood that he does, what options do I have?

 

[The Occultist]

When you are unsure of what you're doing in a legal process, they have these special men running about the state whose sole purpose is to provide legal experience for you, for a modest pay, of course. If you did not know what you were doing, you should have gotten help.

 

[moneyy]

thanks for that advice and ill be sure to do that next time however, my question is what options do I have now? Is the only option left available to me to just go through with trial?

 

[The Occultist]

You MIGHT be able to request a continuance, but not by yourself. You will absolutely need the assistance of a local attorney; they typically know what the courts want to hear.

 

[Hey There]

Discovery To You

11-13-07
moneyy

Discovery
Go to Google or Yahoo
Click on Help! I Got A Ticket!
This website provides the information you need to request Discovery.
This website has a Discovery Form you can download.
George McCalip who put to-gether this wesite will answer questions about your traffic ticket via an E:mail which is listed on his webpage.

If you check at the library there is a book published by NOLO that has information on how to request Discovery as well as a form that can be copied.

On the internet if you go to Google and click on
Discovery for Traffic Tickets
the first page has websites that give instructions on Discovery. Clicking on Speeding Ticket FAQ on this page has information not only on Discovery but as the title states, answers to frequently asked questions on Speeding Tickets.

To condense the information from the book and internet websites, Discovery is a request you make for a copy of the officer's notes,
the method he used to determine the speed you were travelling if it pertains to your citation, a copy of the video if one was used, and all other information the offficer plans to use at trial. You make the written request.
A friend ,NOT you, must either hand deliver (that's asking a lot) or mail certified return receipt, to the officer who cited you and to the D.A. the Discovery Request you signed.
A proof of mailing should be signed by your friend.(A very simple form found in the book I mentioned and on the website Help! I Got A Ticket!)
When I filed for Discovery I had my friend enclose a proof of mailing to the D.A. that the Discovery Request had been sent to the officer and had a proof of mailing enclosed with the request made to the officer that a Discovery Request had been sent to the D.A.
I kept copies of the proof of mailing.
*****************************************************
Filing for a continuance because you need more time to obtain information to prepare your case is one of several valid reasons
to do so. When you click on Speeding Ticket FAQ asking for a continuance is the first topic addressed.

********************************************************

Some lawyer's will consult with you about your options for free, or for a small fee.$50.00? This is a one time consultation and doesn't mean that you have retained the lawyer or need to do so.

*********************************************************

Regards,
Hey There

 

[The Occultist]

Filing for a continuance because you need more time to obtain information to prepare your case is one of several valid reasons to do so.

I've seen too many judges not grant the continuance because they had already done so.

 

[lwpat]

Discovery doesn't do you any good if you don't know what to do with the information. If you file correctly, you might get a dismissal for failure comply provided you know how to make the motion and the law to back it up.

 

[JIMinCA]

Dude... why are you sweating the DA's office not providing the discovery? That is a great defense. I have seen at least 4 winners (2 were mine) where the defendant requested a dismissal at trial because the DA failed to provide discovery. Discovery is NOT an option. The DA (NOT the CHP) is obligated by the penal code and the government code to provide it. Without the discovery, you have been denied your right to provide a defense for yourself. Just go to court and ask for a dismissal.

 

[The Occultist]

Dude... why are you sweating the DA's office not providing the discovery? That is a great defense. I have seen at least 4 winners (2 were mine) where the defendant requested a dismissal at trial because the DA failed to provide discovery. Discovery is NOT an option. The DA (NOT the CHP) is obligated by the penal code and the government code to provide it. Without the discovery, you have been denied your right to provide a defense for yourself. Just go to court and ask for a dismissal.

Your knowledge, or lack thereof, is helping nobody. Discovery is NOT necessary unless the request for one was submitted exactly as required by law. If that does not happen, as is the case with the OP, then lack of Discovery will NOT be sufficient grounds on which to dismiss the case.

 

[JIMinCA]

Your knowledge, or lack thereof, is helping nobody. Discovery is NOT necessary unless the request for one was submitted exactly as required by law. If that does not happen, as is the case with the OP, then lack of Discovery will NOT be sufficient grounds on which to dismiss the case.

Dude... why are you such a jerk?

1) The OP stated that he got the forms from the DA's office

2) HEY THERE provided him with an excellent resource for filing a request for discovery.

The resource that HEY THERE provided is the same resource I used to file request for discovery in my two cases and I helped two others do the same. All four were ignored by the DA's office. All four requested dismissal. All four were granted a dismissal. Additionally, I have a fifth on in the process right now. So, just how many times do I have to win in court before I am deemed to have some knowlege based on your high standards?

Traffic court is VERY informal. This isn't a murder trial. Traffic courts are NOT going to beat you over the head because you didn't cross a T or dot and I in your format. This is made obvious by the fact that someone with my "lack of knowlege" being able to successfully do it four times.

So, I base my statements on four successful uses of the "discovery defense". What do your base your statements on?

I believe if the OP has issue with a reply, he should either accept it or ignore it or comment on it himself. He doesn't need the peanut gallery chiming in.

 

[CdwJava]

How are you driving that you have gotten cited at least 5 times?

I have been driving for 32 years and have not gotten a citation in 26 years! It really is not that tough.

But, I guess I don't have the time to spend fighting citations. I prefer to follow the rules as posted.

- Carl

 

[Hey There]

Reagarding Replies to this post

11-16-07

To JiminCA
Thanks for pointing out that the resource I mentioned has excellent
information on how to file for discovery.
*********************************************************
To Others reading this post please note:
_________________________________
Jim inCA said :
His discovery request wasn't provided for TWO of his citations and that when he asked to have each of his TWO cases dismissed at trial because the D.A. had failed to provide discovery His TWO citations were dismissed.
He didn't give a time frame for these TWO citations which could have occurred days OR years apart.
TWO OTHER DRIVERS filed for Discovery which wasn't provided and their cases were also dismissed at trial because Discovery wasn't provided.
ONE OTHER DRIVER is in the process of doing the same.
So JIMinCA didn't get cited FIVE Times,. He was cited TWO times which ended in dismissal.

Hey There

 

[The Occultist]

Dude... why are you such a jerk?

1) The OP stated that he got the forms from the DA's office

2) HEY THERE provided him with an excellent resource for filing a request for discovery.

The resource that HEY THERE provided is the same resource I used to file request for discovery in my two cases and I helped two others do the same. All four were ignored by the DA's office. All four requested dismissal. All four were granted a dismissal. Additionally, I have a fifth on in the process right now. So, just how many times do I have to win in court before I am deemed to have some knowlege based on your high standards?

Traffic court is VERY informal. This isn't a murder trial. Traffic courts are NOT going to beat you over the head because you didn't cross a T or dot and I in your format. This is made obvious by the fact that someone with my "lack of knowlege" being able to successfully do it four times.

So, I base my statements on four successful uses of the "discovery defense". What do your base your statements on?

I believe if the OP has issue with a reply, he should either accept it or ignore it or comment on it himself. He doesn't need the peanut gallery chiming in.

Your are talking about dismissal for non-compliance on the side of the state when it is the OP's fault for not taking care of things in a timely manner. I've seen judges start yelling at people because they requested a continuance in order to make a Discovery request, "forgot" to do so, and asked for another continuance. Traffic court may be informal, but a lot of judges don't like to have their time wasted.

 

[JIMinCA]

Your are talking about dismissal for non-compliance on the side of the state when it is the OP's fault for not taking care of things in a timely manner. I've seen judges start yelling at people because they requested a continuance in order to make a Discovery request, "forgot" to do so, and asked for another continuance. Traffic court may be informal, but a lot of judges don't like to have their time wasted.

So, what is your point?? That the OP should just plead guilty? How is anything you have said supposed to be helpful to the OP? I guess you probably have heard a lot of judges start yelling because you aren't the kind of guy that brings out the best of people. BTW... you obviously are not a lawyer... why are you spending so much time in court?

 

[JIMinCA]

How are you driving that you have gotten cited at least 5 times?

I have been driving for 32 years and have not gotten a citation in 26 years! It really is not that tough.

But, I guess I don't have the time to spend fighting citations. I prefer to follow the rules as posted.

- Carl

How does this have ANYTHING to do with helping the OP???