Re: de plane, de plane

["Andrei Broder" <broder@pa.dec.com>]

> Date: Thu, 17 Apr 1997 22:21:57 -0700
>
> From: "J. Stevens" <jstevens@kaiwan.com>
> When the two officers didn't show up, the commissioner, "in the interest of
> justice based on your record," continued the case 'til next Wednesday to
> give the people another crack at nailing my a**.
> 
> This is where I don't know whether to cheer or cry.  The continuance causes
> the trial to fall 50 days after my arraignment.  So me thinks file notice of
> motion to dismiss for lack of prosecution, given my right to a trial within
> 45 days.  On the other hand, what if the commissioner has something up his
> sleeve?

I am not a lawyer but I think you should have protested (you are
there, ready to proceed, took time off work, etc) and ask for
immediate dismissal based on lack of prosecution -- this is normally
granted, unless you were served with continuance papers or the
officer(s) called the court with a very good excuse.

Unfortunately, unless you were very careful, I am afraid that the
record now shows that you agreed to a continuance.  The 50 days idea
won't fly -- your trial has already started ...  If you objected to
the continuance you might have some grounds for appeal, but it's
getting tricky (judge acted as prosecutor ?, delay hurt your case?)
and well above my head.

Get immediately a copy of Brown, "Fight your ticket ... and Win", NOLO
press, 1996.  Bookstores that have a lot of self help books, carry
NOLO books, and NOLO is on the net as well. (NB: This book is valid
only for California.)

HTH, - Andrei