Legal Question in Criminal Law in California

Traffic case - trial by declaration

Fellow law guru attorney here, but I answer in business law, however, I'm trying to handle my own traffic matter (I don't practice criminal law, but the charges are not 'serious' - any help appreciated, thanks).

Submitted TBD - after long delay, and apparently no consideration to my arguments, a judicial officer of some sort found me guilty. Traffic clerk did not provide name of judge. TR-215 clerk's decl of mailing says 11/29, postage meter stamp says 11/30. Also, as usual, lazy clerk did not fill out the half of the form, with name and address of court missing (same on original TBD form).

1 - How do I find out the name of the judge who did the TBD?

2 - Any mileage on the clerk's mistakes?

Thanks in advance.


Asked on 12/12/07, 10:25 pm

1 Answer from Attorneys
Anne Marie Healy Law Offices of Anne Marie Healy

Re: Traffic case - trial by declaration

1. If you can't get help from a clerk by phone, you will probably have to go into court and go to the clerk's window to request the information. I know that the court's use pro tem's for some of the traffic matters that are heard by declaration or on appeal. The clerk should be able to look it up on the computer.

2. Same as in civil, the outside of the envelope must be date-stamped at the latest by the day after the document was served. This would be considered a valid serve. And anyways, it would probably just be reserved if it was invalid. I don't think bad service after a judgment is rendered nullifies the judgment.

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Answered on 12/13/07, 3:26 pm


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