Legal Question in Criminal Law in California
My brother asked me to find him forms regarding PCs: 1382, 1383 and 41500. Could you tell me what they are, I think the 1382 is for a speedy trial and the 41500 is a motion to dismiss vehicle code violations, where can I find these files to print and send to him.
2 Answers from Attorneys
I'm not sure if what you're asking for is a form for a motion to dismiss for lack of meeting the speedy trial deadlines or if you're asking for a form in order to assure a speedy trial. A speedy trial is a constitutional right and generally a court will ask if you waive time in order to put you on calendar with the rest of the court schedule. In regards to motions relating to dismissing for lack of a speedy trial or missing the deadline I have always used pleading paper with written out motion. I am not sure there is a form for it, but if there is (and there could very well be) I'm sure you can go to a legal document web site and purchase a pre-done pleading document.
Good luck,
Brian D. McGinity
Mr. McGinity is right. I have never seen a preprinted form for any of those motions. Lawyers prepare those motions on lined pleading paper. (That is the paper with the two lines down the left hand side, with the numbering in the left margin.)