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    lflores413's Avatar
    lflores413 Posts: 1, Reputation: 1
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    #1

    Sep 28, 2009, 01:21 PM
    Guilty by TBD,Request Trial De Novo,Clerk gave no court date
    I did trial by declaration, and was found guitly.(this was at the metropolitian Court house in LOS Angeles,CA) I went to the court house which is a pain to get to. And requested a trial De novo. When I got to the clerk I told her I wanted the copy of the officers trial by delcaration and she said she didn't have it that I would have to go to another floor, and all this stuff and I told her their suppose to have it. But she claimed it was not on her computer. I could not go to the other department because I was on my lunch. She then stamped my trial de novo,and I told her don't I get a court date she said she is was going to file the trial de novo and then I will get it in the mail. I never receieved ANYTHING! Well I checked the status of it and it said Case Closed! I just want to know, Was I suppose to reiece a court date and SIGN that I will appear in court? I never received nothing nor did I sign anything. Im fuming right now.Espeically the fact they didn't have the officers TBD! Please help!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Sep 28, 2009, 03:00 PM

    When did all this happen, how long ago?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Sep 28, 2009, 03:32 PM
    Quote Originally Posted by lflores413 View Post
    I did trial by declaration, and was found guitly.(this was at the metropolitian Court house in LOS Angeles,CA) I went to the court house which is a pain to get to. And requested a trial De novo.
    Hello:

    It's difficult to follow exactly what went on, but I'll try... I'm not sure what a trial by declaration is, but WHATEVER it is, it found you GUILTY. You requested a trial De Novo, which is, in effect, a new trial...

    Unfortunately, the court is NOT required to grant your request/motion for a new trial and apparently it didn't. I don't know why they didn't inform you or what went on, but apparently your request was DENIED and the case was closed...

    It appears further to me, that if you want the case RE-opened, you're going to need the services of an attorney. I suspect, however, that the time for appeal has run and I don't think there's any thing you can do...

    Feel free to fill in any gaps I might have missed.

    excon

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