Legal Question in Traffic Law in California

I got a citation for littering (a can) while walking about a month ago and today I finally went to the court to make an appointment. The date is set for August of next year. My question is, is that allowed? Does it actually take 30+ weeks for me to see a judge regarding a simple infraction? The notice I received also does not have an amount due. Can I also use the 6th amendment as a defense? Since I wanted to get this over with as soon as possible and 30+ weeks isn't exactly a speedy trial.

Thanks.


Asked on 12/23/10, 9:49 am

1 Answer from Attorneys
BARRY BESSER LAW OFFICES OF BARRY I. BESSER

When you state that you went to the court to make an appointment, I don't know what that means. Did you go before a judge and enter a plea of Not Guilty? If so, did the judge read you your rights, including your right to a speedy trial? Or, did you just go to the clerk's office and enter a plea of Not Guilty? Did you enter a plea at all?

If you went before a judge and entered a plea, the judge will usually make a finding on the record that you are waiving time, and issue a trial date. If you were unrepresented, you still may be able to fight a time waiver.

The bottom line, is that I would need to know, step by step, exactly what you did, where you went when you went to court, and what occurred.

BARRY BESSER

www.besserlaw.com

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Answered on 12/28/10, 10:49 am


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