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How To Plead Not Guilty

How To Plead Not Guilty

  • In Court

    You can plead not guilty by scheduling and appearing at an Arraignment hearing and requesting a court trial to be held at a later date where the officer will be present. This option does not require you to pay in advance.

  • By Mail

    You may also plead not guilty to an infraction by signing and returning the Declaration on the Courtesy Notice by mail or in person by delivery to the court’s drop box. By using this option, you are waiving your right to have your trial heard within 45 days. This option does not require you to pay in advance.

  • Request Trial By Declaration

    You may also plead not guilty and request a Trial by Declaration by using the online system to electronically submit your sworn statement and supporting evidence, or by signing and returning the Declaration on the Courtesy Notice.
    The option for a Trial by Declaration is a way to contest a citation for infraction violations for which a personal appearance is not required pursuant to Government Code Section 68645.4.  This option does not require you to pay in advance. You have the right to an in-person trial before a judge (rather than a trial by declaration) if you choose. Additionally, if electing a trial by declaration, you will not have the right to a trial de novo. A trial de novo means trying the matter anew, the same as if it had not been heard before and as if no decision had previously been made.
    •    Request an Online Trial by Declaration. For an Online Trial by Declaration, you will electronically submit your sworn statement, along with any evidence you have, to the court to explain what happened.  The officer who wrote the ticket will also get to submit their written statement.  A judge then reviews both and makes a decision that will be emailed to you.
    Use the online tool if:
    o    You were issued a ticket for infraction violation(s) only
    o    You wish to contest the violation (plead not guilty) and conduct your trial online
    o    The Due Date to take care of your ticket has not passed
    o    Your ticket or courtesy notice does not say that you must appear in court
    Do not use the online tool if:
    o    You have already appeared in court
    o    You have already been sentenced, fined, or paid your ticket
    To submit an Online Trial by Declaration, click here: Request an Online Trial by Declaration
    •    Request a Paper Trial by Declaration. For a paper Trial by Declaration, you will submit in writing on a form provided to you by the court your sworn statement, along with any evidence you have, to explain to the court what happened.  The officer who wrote the ticket will also get to submit their written statement.  A judge then reviews both and makes a decision that will be mailed to you.
    To submit a request for Trial by Declaration, fill out the grey box on the Courtesy Notice for “Trial by Mail” or “Trial by Mail with Traffic School” (if eligible), and return it to the court on or before your Court Due Date, by mail or in person to the Traffic Clerk window or court’s drop box.
    After your request for Trial by Declaration and advance payment of your fine/fee is received, we will mail to you the appropriate Instructions and Trial by Declaration form for you to complete and return to the court.

Local #TR205

Request for Trial by Written Declaration and Instructions for Defendant

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