In California- I have an upcoming arraignment, in a few days. misdemeanor. - from the "people". I was never served. Dismiss??
In San Bernardino County, Ca.- I have an upcoming date for an arraignment, in just a few days. A nonsense misdemeanor charge, brought by "The People of the State". The issue is, I have never received any mail, nor any service or notice- I understand that for this type of matter, personal service MUST be performed prior to any hearings, etc.
Of course, "not guilty"- and I would like to request at the arraignment that since no proper service was executed (no records online, either)- to simply dismiss the matter before setting a future court date- - to "drop it". I've read that this is not an unusual ask- and many times IS considered at that point.
It's only by coincidence, that last month- I was searching the (local, same venue) court calendar regarding a completely different case of which I'm a party to- and saw my name with this upcoming court date for an arraignment. Any thoughts? I certainly can bring up these facts at "trial"- but is it necessary-? I'd rather save the court and everyone else's time and resources if this can get dismissed right away.
Thank you for your replies- the date is the 15th (December)- so, the clock is ticking. Advice please. Thanks!
While i do not all of the details generally the court will not grant such a request. I do not know whether you were cited out. Whether you were bailed out. Whether they said they sent you a letter to a different address. Either way no warrant has happened. No harm has come to you. You will be arraigned and the case will move forward. I have seen people who are cited out and given a different court house and then sent to a different court house then sent to a thrived courthouse where it was actually heard and then the clerk said no filing while upstairs they issued a warrant. All the court would do is clear up the warrant and move forward. Without r any additional facts i do not see your case getting dismissed under these circumstances. You will be represented by the public defender. You can bring it up to them when you go on the date of arraignment. Good luck with your case.
