Alameda California Motion for a Speedy Trial

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State:
Multi-State
County:
Alameda
Control #:
US-01900BG
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Word; 
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

Alameda California Motion for a Speedy Trial is a legal maneuver that aims to expedite the proceedings of a criminal trial in the city of Alameda, California. It is a legal option available for defendants seeking a faster trial and to protect their constitutional right to a prompt trial. The Alameda California Motion for a Speedy Trial can be filed by either the defendant or their legal counsel. This motion is typically submitted to the court, requesting the acceleration of the trial schedule. It is important to note that the granting of a Motion for a Speedy Trial is subject to the court's discretion, considering various factors such as court availability, case complexity, and the prosecution's readiness. Key-Keywords: 1. Alameda County: The Motion for a Speedy Trial is specific to Alameda County, located in the state of California. 2. Criminal trial: The motion is relevant to criminal cases where an individual is charged with an offense in Alameda. 3. Legal Rights: The motion is designed to protect the defendant's constitutional right to a speedy trial. 4. Legal maneuver: The motion is a strategic move made by the defendant or their legal counsel. 5. Court discretion: The court has the final authority to decide whether to grant or deny the motion. Types of Alameda California Motion for a Speedy Trial: 1. Pretrial Motion for a Speedy Trial: Filed before the commencement of the trial, requesting an accelerated trial schedule. 2. Postponement/Motion to Continue Speedy Trial: A motion filed to avoid delay when the trial date is initially set, but circumstances arise that may cause a postponement. 3. Interim Motion for a Speedy Trial: Filed during the trial to expedite the process if there are undue delays or excessive continuances. 4. Post-Conviction Motion for a Speedy Trial: Filed after a conviction, requesting a speedy process for appeal or other post-conviction remedies. In conclusion, the Alameda California Motion for a Speedy Trial is a strategic legal maneuver available to defendants in Alameda County, aimed at expediting criminal trial proceedings. Its filing and subsequent grant are determined by the court, considering numerous factors. Various types of motions exist, depending on the timing and specific circumstances encountered during the trial process.

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FAQ

You can ask for your trial by written declaration in person at the clerk's office or by mail sent to the courthouse address listed on your ticket. ). The top portion of the form you receive should be filled out by the court clerk with important information; read it carefully.

The states that allow Trial by Declaration include California, Florida, Hawaii, Indiana, Louisiana, Nebraska, Ohio, Oregon, and Wyoming. Keep in mind, Trial by Written Declaration is only available in certain courts in Ohio and Wyoming.

A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement on a trial by written declaration by explaining the facts of your case and why the court should rule in your favor.

The short answer is yes, the trial by written declaration process works. Firstly, you get a chance of retrial even if you have lost the trial in the first attempt. Secondly, even if you're found guilty, you can request the judge to allow you to go to traffic school.

And getting one can be expensive! The average fine of a CA speeding ticket is $710 for a $35 base-fine. On top of it, the average insurance cost increase for a speeding ticket 1-15 MPH over limit is $288 per year for the next three years. While a speeding ticket 16-29 MPH over limit can hike it up to $317.

Application and Notice Requirements An ex parte application must state the name, address, and telephone number of any attorney known to the applicant to be an attorney for any party or, if no such attorney is known, the name, address, and telephone number of the party if known to the applicant.

A trial by written declaration is a procedure where, instead of appearing in court for a trial on your citation, you mail or bring in a written statement on a trial by written declaration by explaining the facts of your case and why the court should rule in your favor.

Standard information for the main form includes parties' names, case name, relevant court and reason for ex parte application. Fill out and notarize an affidavit stating your detailed reasons for requesting the ex parte motion. Include a proposed order that states what you want the judge to do and the court to enforce.

Normally, the time given to the arresting officer to respond to a trial by written declaration is 30 days. If the officer fails to submit the officer's declaration to the court, the chances are that the traffic ticket will be dismissed, however there is no guarantee of dismissal.

Ex Parte Applications In every case, to present an ex parte application to the court, a party must: reserve a hearing date with the applicable department (for applications that require a hearing), file the motion with the court, and. give notice of the hearing date as required by law.

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Motions for new trial and for judgment notwithstanding the verdict. Civil litigants do not have a constitutional right to a speedy trial.Office of the Alameda County Public Defender, Oakland, CA 2012. Rule 4. (1) Trials may be requested at a Status Conference, at a CRC, or in a filed Request for Trial, a local form that is not required. Attention in the legal press too. 1 Every California judge is familiar with the requirement to issue timely decisions under a constitu-. As discussed at the hearing and in the papers, during the COVID-19 pandemic, the. Do you want to learn how you can get out of jury duty? Court of Appeals for the 9th Circuit upheld the February 2021 class-action settlement and attorney fee award, freeing up payments for the 1.

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Alameda California Motion for a Speedy Trial