Plea Of Not Guilty
Trials by Declaration are provided pursuant to California Vehicle Code section 40902(a) through (d) for individuals who would like to contest their traffic citations but because of distance or other reasons elect to not appear in court for their trial.
A defendant may elect to have a trial by written declaration upon certain types of alleged infractions involving violations of the Vehicle Code or any local ordinance adopted pursuant to the Vehicle Code.
When defendants elect a trial by declaration, they must include a sworn declaration and other relevant evidence along with the full bail amount. The trial will not proceed unless the Court receives both the sworn declaration and full bail amount.
Upon the election of a trial by declaration a notice shall be sent to the citing agency who will be given an opportunity to provide the Court a sworn declaration of the citing officer and other appropriate evidence.
After all materials have been received (including the full bail amount) from the defendant and the citing agency, the entire file will be submitted to the judge who will make a decision based upon the evidence in the file. A written decision will be sent to you at the address you provide to the court.
The bail must be posted and sent to the court along with the required forms before the Trial by Declaration can proceed. If the bail is received without the required forms the bail will be applied to the case, the case will be closed and you will not receive a trial by declaration.
If you would like to have this type of trial please contact the Court. Once you receive the forms, fill them out completely, and return them to the Court along with the full bail by the date indicated on the citation.
If you fail to submit all required documents and monies to our office by the due date, the case will be considered Failure to Appear (FTA). If the case goes FTA, an additional $215.00 will be added to the original amount due and the account will be turned over to Financial Credit Network who will add an additional civil assessment of $300.00 pursuant to Penal Code 1214.1.
Option 2: Court Trials
If you want to have a court trial and to pay your full bail, please visit our payment site and follow the instructions. Otherwise, follow the instructions below.
You may elect to have the case decided by a judicial officer in court at which both you and the citing officer present the respective cases. The court location of the trial is indicated near the bottom of the citation (Yreka, Dorris).
It is our court’s policy that full bail be deposited into the court’s trust account before a case is set for trial.
If you would like to set the case for court trial without appearing on the arraignment date, you may request the forms from the court. When you have completed the forms, send them to the appropriate court location along with the full bail by the due date shown at the bottom of the citation.
When the court receives the completed forms along with the full bail, the clerk will set the case for trial and notify you of the trial date at the address you provide on the forms.
If the court receives the bail without the required forms to set the case for trial, the bail will be forfeited, the case closed with a conviction, and that information sent to the Department of Motor Vehicles.
If you fail to submit all required documents or monies to the court office by the due date, a $215.00 Failure to Appear (FTA) will be added to the charges, and the case will be turned over to Financial Credit Network with the addition of the $300.00 Civil Assessment pursuant to Penal Code 1214.1.
California courts are under no obligation to send bail notices. However, most courts, including ours, send one courtesy bail notice and two additional notices to the address written on the citation. The first notice indicates the original bail amount, without proof of correction(s), if applicable. If the court receives no response from the first bail notice, or if the continuance date lapses, the computer system generates a second notice that warns the case is getting ready to go into “Failure to Appear” status, which will increase the amount due by $254.00 if action is not taken by the date provided on the notice. If the court receives no response to the second notice, or if the continuance date lapses, the computer system generates a third notice that warns the case is getting ready to be referred to a collection agency, which will increase the amount due by $300.00 if action is not taken.
If the case has been turned over to collections see Failure to Appear, FTA and Collections.
Please Take Note: You may ask the court at arraignment to consider your ability to pay due to financial hardship and decide whether to approve a reduced fine with a payment plan or community service, you may schedule an appearance in court for arraignment without deposit of bail.