speedy trial in california

what is the time frame from the time a ticket is issued and the actual apperance in court. i got a radar ticket on 12-01-00 , the original date to appear was 01-08-01 the court has rescheduled my court date three times to the current date of 03-05-01, at no fault of my own. I thought i read they have 45 days to hear the case of i can request it be dismissed due to my not receiving a speedy trial..

[I AM ALWAYS LIABLE]

Originally posted by ronjan
what is the time frame from the time a ticket is issued and the actual apperance in court. i got a radar ticket on 12-01-00 , the original date to appear was 01-08-01 the court has rescheduled my court date three times to the current date of 03-05-01, at no fault of my own. I thought i read they have 45 days to hear the case of i can request it be dismissed due to my not receiving a speedy trial..

My response :

In an infraction case, such as yours, you are not entitled to a trial by jury. Read the following, and "massage" it with your own information, and file it with the court. Make a copy for conforming, and supply a SASE for return to you with the court's filing stamp. Call the clerk first to see if there's a filing fee for such a motion. Make sure you write this in proper "Pleading" form. Right now, due to the formatting limitations of this site, it is NOT in pleading form. Search on the Internet for an example of how a pleading should look, and do it that way.


DEFENDANT’S ASSERTION TO FAIR AND SPEEDY TRIAL


COMES NOW [Your Name], Defendant, pursuant to the Sixth Amendment to the United States Constitution and asserts her right to a fair and speedy trial in the above-styled case and for her cause states the following:

1. The defendant has been called to answer a criminal charge against her in this matter since 4 February 1998.

2. The defendant has been present in this honorable Court for docket call on 7 April 98, and on 20 June 98, and on 25 August 98, and on 19 October 98 and on 12 November 98, at each of which times this defendant has informed this Court of its readiness to proceed to trial.

3. The defendant has at no time requested continuance of this case but has continually manifested her willingness to answer the criminal charge brought against her.

4. The defendant maintains that justice delayed is justice denied.

5. The defendant’s good name and reputation, her health and well-being are all continually under the dark cloud of the City of Springfield’s allegations and charge without resolution.

6. The defendant asserts her right to a speedy and public trial by an impartial jury and her right to be confronted with the witnesses against her.

7. The defendant’s right to due process has been and continues to be substantially prejudiced by the failure of the City of Springfield to conclude this case in a fair and speedy manner.

AMENDMENT VI to the Constitution of the United States of America:

"In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."


WHEREFORE, the defendant asks this honorable Court to compel the City of Springfield to bring all witnesses and evidence it believes substantiate the charge it has levied against defendant at the next jury week as is presently scheduled, or in the alternative, defendant asks that the court, on it s own motion, cause the charge against defendant to be dismissed with prejudice for failure of the prosecution to safeguard defendant’s constitutionally protected right to a fair and speedy trial through these unwarranted delays in bringing its case.

Respectfully submitted,

IAAL