2-15-08
Coffeebean
I don't understand it myself.
Thanks for your query.
and for the motion, so it's pretty much a motion to the court (with copy to the da) asking for disclosure of the discovery information or dismissal of my case. In sum, is that it?
That is correct
I
didn't understand the part of "with monetary sanctions to the defendant" , am I not the defendant? Could you please explain this better?
The judge CAN order that the defendant be reimbursed for the effort and exspence the defendant had in preparing the motion and appearing in court because his request wasn't complied with per Penal Code1054.1 thru 1054.7. as well as Discovery provided.
The key word here is CAN. If any defendant was awarded monetary sanctions and discovery by court order I would be greatly surprised.
In my case on the Miscellaneous Minute Order (a sheet which the defendant should get a copy of after a court decision) was the notation that if the order wasn't complied with prosecution would be subject to a $100.00 sanction. Discovery was ready for pick-up the next day.
A defendant can have a Motion To Dismiss because Discovery wasn't provided
and File a Trial By Written Declaration. These are two seperate items.
Information on filing a Trial by Declaration can be found on the website Judicial Council Forms of Ca. Google Search) by going to Traffic Violations on the selection window
TR-200* 1/1/1999 Instructions to Defendant
TR-205* TR-205* 1/1/1999 Request for Trial by Written Declaration
then download
OR
pick these forms up from the court clerk. TR200 is
well written in describing how to file. As with any legal form, a quick read followed by a careful readings helps in deciding how to prepare a written statement.
Further information can be found on Google by typing in Trial by Declaration which will bring up a page of websites.
Best Regards,
Hey There