I got traffic violation ticket in the state of California. On the papers after my arraignment it said within 45 days after I am arraigned that I shall have a trial and if it is after 45 days then the charges will be dismissed.
So my arraignment was on November 15th and my trial date fell on December 26. Then I get a letter saying the judge has moved the trial date to Dec. 31, without my consent by the way. A total of 47 days. However when I talked to the judge about dismissing the case he said that since the 45th day fell on a weekend, they were "allowed" to move it to a business day without any violations of my rights.
Should my case still be dismissed? Does the 45th day falling on a weekend have anything to do with my rights still being violated? I want to appeal this case based on that but I can't find any where online about the last day falling on a weekend.
2007-12-31 07:49:15 · 12 answers · asked by Ippo 1 in Politics & Government ➔ Law & Ethics
The law is 45 days from arraignment, and if the 45th days falls on a weekend, then the last day shall be the next business day. Your rights were not violated.
2007-12-31 08:00:36 · answer #1 · answered by Songbyrd JPA ✡ 7 · 5⤊ 0⤋
YOU JUST FOUND A JUDGE THAT IS TRYING TO PULL THE WOOL OVER YOUR EYES.REMEMBER THE JUDGE USED TO BE A LAWYER BEFORE HE BECAME A JUDGE.LAWYERS ARE THE BIGGEST LIERS AROUND.IF YOU CAN;T FIND ANYTHING THAT SAYS ANYTHING ABOUT THE LAST DAY FALLING ON A WEEKEND.THEN I;D SAY PURSUE YOUR CASE.IT SOUNDS LIKE THE JUDGE IS WRONG.HE;S DOING WHAT HE WANTS TO DO HERE.WHICH BY LAW HE;S GOT TO DISMISS YOUR CASE.IF THAT IS WHAT AND HOW YOUR LAW IS WORDED FOR CASES LIKE THIS.
2007-12-31 08:15:00 · answer #2 · answered by bigjon5555 4 · 0⤊ 2⤋
The Judge is right and it is a statutory law, that for the time applied to any event, get postponed to the next official working day, if the deadline falls on a official holiday! You need to see the merits of your appeal more, to get away from the charges! Consult a good lawyer, good luck!
2007-12-31 08:03:59 · answer #3 · answered by anjana 6 · 0⤊ 0⤋
hmmmmmmmm not sure. judge is probably right though
2007-12-31 07:56:12 · answer #4 · answered by Anonymous · 0⤊ 2⤋
The right to a speedy trial has no constitutional definition. Your trial was no more or less "speedy" than other people in your situation (where the 45th day fell on a weekend) and so there is no violation of the right. If either party requested the date change then it is legal. In your case the prosecution may have requested the continuance because of a witness.
2007-12-31 07:55:28 · answer #5 · answered by smartsassysabrina 6 · 0⤊ 0⤋
I've never heard of any such law. Secondly, the judge doesn't 'get your consent' to set a trial date. HE runs the court, not the defendant.
If you go 'raise hell' with the court, it won't be pleasant...
2007-12-31 07:55:22 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, the judge explained why the trial date was moved and why it wasn't a violation of your rights. It's not the answer you're looking for, but that's the logic.
2007-12-31 07:54:55 · answer #7 · answered by Anonymous · 3⤊ 0⤋
You have the right to a formal hearing but I'm sure the California state law has a subsection on dates considered state and national holidays and how soon before and after court dates can be held.
Another catch is that Thanksgiving would not be counted on the court calender, which your 45 days is based on.
Still you always have the right to appeals, but I'd really look into the law 1st.
2007-12-31 07:54:34 · answer #8 · answered by m d 5 · 2⤊ 0⤋
yes you will lose. The judge can pretty much interpret the law as he or she sees fit.
2007-12-31 07:54:16 · answer #9 · answered by Michael W 3 · 0⤊ 0⤋
You are going to loose this one. Better to accept the judge's new date and hope the cop doesn't show up (about half the time) and it gets dismissed anyway.
2007-12-31 07:52:58 · answer #10 · answered by Ken Mc 3 · 2⤊ 0⤋