I received a speeding ticket and showed up for court Nov 14th. I plead "Not Guilty". I was given a trial date of May 4, 2012, almost 6 months later! On the sheet that the bailiff handed me, it said that I had waived my right to a speedy trial. I had never waived this right. On a previous visit to court, the bailiff made an annoucement before proceedings started that if we didn't want to waive our right to speedy trial, to say something. But this annoucement was NOT made on 11/14. I feel that my consitutional right to a speedy trial has been violated. Can I file a motion to dismiss, and if so, how do I do so? Thank you for your help!
You can file this motion but unless you have a transcript of the proceedings I doubt that it will be successful. Usually bailiffs comments before judge takes the stand are not recorded. Good luck.
You can file a motion to dismiss based on your constitutional right being violated. However, you will be required to prove to the court that you never waived your right to a speedy trial. If you do not have hard evidence, like a court transcript, your motion will most likely be denied.
Hosep J. Yepremian is licensed to practice law in the State of California. The above post is intended for informational purposes only and it does not create an attorney-client relationship unless a written retainer agreement is signed by both parties. See an attorney licensed in your jurisdiction for competent legal advice.
I think you'd have a shot at getting it dismissed but you'll likely need the assistance of an attorney to achieve it. I'd subpoena Court staff to the hearing of the motion to establish this default constitutional right waiver procedure going on in this Court. You'd likely lose the motion at the trial Court because the Court is unlikely to find that it violated your rights with this procedure, but you could be successful if you appeal the denial of the motion.
Of course there is a lot of time and resources that would be devoted to this process. Depends on how motivated you are. Good luck.
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