Why was my thread closed?

[coffeebean]

Hi,
I would appreciate if the moderator of this forum let me know why my thread has been closed.

[url]http://forum.freeadvice.com/showthread.php?p=1838255#post1838255[/url]

I was getting very good help from other members of this forum, and it helped get far, but I still need help.
But now that I have a trial date and really need help, my thread has been closed without any explanation.
Would you please re-open it?

Thanks

[JIMinCA]

I had the same question. Hey There made a very good post for you and the mods deleted his post and closed the thread. What's up with that?

[Hey There]

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

[randomguy]

You can overwrite the lock and open the thread. You have mod ability over your thread. As for why post was deleted, i got no clue

[Hey There]

2-15-08

JIMin CA.
Appreciate your positive critique of my posts and thanks for your query.
I also must comment on how well your posts inform the driver of his rights and how the information you provide is pertinent to the posters' queries
I'm puzzled myself about my post not being available for viewing and the thread LOCKED.

My purpose in posting is to provide general information so that the driver who makes a query will have the playing field made more level when he is up against a court system that profits from his conviction and he has to defend himself from others who have more experience than him.

(To paraphrase the saying "Take the profit out of wars, there wouldn't be any" I say "Take the profit out of traffic tickets and far fewer would be issued"

Thanks again for your interest in this matter,
Hey There

[coffeebean]

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.

Thanks for the continuous help.

So i see that I have a couple of options. One would be to file the motion to court order to provide discovery. But another would be to go straight with a motion for dismissal for lack of discovery. Well, I am thinking the second one might be better. Because I really don't want discovery, I want the dismissal. You said above that discovery was ready for pick up the next day. If they provide me with discovery I will loose grounds for my dismissal. Would you agree?

Thanks so much once more

[JIMinCA]

Hey There,

Thanks for your kind words.



Coffeebean,

You are correct, if discovery is provided, you won't be able to use that as a defense. However, don't count on it being provided. I have actually seen discovery provided only once. Also, do not accept from the court or DA or anywhere else that discovery is the responsibility of the issuing agency. It is not.

If you go to court and request dismissal, it likely will not be granted. At that time, you would make a motion for continuance so the court can order the DA to provide the requested discovery. This is to your advantage in two ways:

1. If discovery is still not provided, then you have a very strong argument for dismissal the second time.
2. It gives the officer the opportunity to NOT show up for a second time. If he doesn't show... you win!

I'm sure I'll be criticized for this post. However, this situation could be easily remedied if the DA would take ten minutes to forward the discovery request to the agency and ask them to provide the information as requested. So, if the cop gets drug in and out of court and if the defendant's case is dismissed because of lack of discovery... I have no sympathy for the lazy DA who is only interested in prosecuting defendants who are willing to prosecute themselves!!

[coffeebean]

Thanks JimInCA,

So at this point you suggest I just wait for trial and then ask for dismissal?
If I make a motion for continuance, don't I loose the right of a speedy trial?

Out of the other options, would you suggest I use any of them:
- Motion to court order to produce discovery
- Motion to request dismissal
- Trial per Written Declaration

I am sorry, but I did get confused, because each time I hear a different suggestion.

I imagine there is a path that has a proven record of having more chances of getting a dismissal.

Sorry for bothering, but I am confused.

Thanks

[JIMinCA]

Ask for the dismissal at trial. If it fails, ask for continuance so the Court can order the DA to produce discovery. Don't worry about the speedy trial thing.

Make sure you have copies of the statutes (i.e. the applicable penal code sections and vehicle code sections).

Good luck!

[coffeebean]

Make sure you have copies of the statutes (i.e. the applicable penal code sections and vehicle code sections).

Monday is my trial date, could you please help me by pointing where to find these statutes so I can print and bring copies?

Also, could one of you please describe how the trial goes? I mean, what's the process, how it starts, when do I talk, etc...?

And if the judge asks me if I did or did not speed, how should I answer? Should I just say "I prefer to exercise my right to not respond" or "I don't have to answer" ? I mean what's the best way to show him that I won't testify against myself? or should I just say that I don't remember?

I would really really appreciate if you can help me this one last time.

Thanks so much

[fairisfair]

couldn't you guys just hang over the cubicle and chat each other up and slap backs??

Be SURE to come back on Monday and tell Jim what a saviour he is.

[fairisfair]

Originally Posted by coffeebean

Monday is my trial date, could you please help me by pointing where to find these statutes so I can print and bring copies?

Also, could one of you please describe how the trial goes? I mean, what's the process, how it starts, when do I talk, etc...?

And if the judge asks me if I did or did not speed, how should I answer? Should I just say "I prefer to exercise my right to not respond" or "I don't have to answer" ? I mean what's the best way to show him that I won't testify against myself? or should I just say that I don't remember?

I would really really appreciate if you can help me this one last time.

Thanks so much

oooohh! I vote for THIS one!!!!!

[coffeebean]

Farisfair, if you don't have anything relevant to add, please don't troll this thread.
Thanks

[Zigner]

Originally Posted by coffeebean

Farisfair, if you don't have anything relevant to add, please don't troll this thread.
Thanks

Yep, I think we should make sure that you only hear what you WANT to hear. No one else should post here except Jim & Hey There. Heck, I'm surprised that coffeebean is allowed to show his lack of knowledge

[fairisfair]

Originally Posted by Zigner

Yep, I think we should make sure that you only hear what you WANT to hear. No one else should post here except Jim & Hey There. Heck, I'm surprised that coffeebean is allowed to show his lack of knowledge

I don't mind them having a cubby club. They just need to build their own fort.