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On Wed, 30 Nov 2005 23:55:02 -0000, Skywise
wrote in
::


Incidentally, it's *bail* you post before arraignment, as you haven't
yet been sentenced/fined at that point in the process.

Yes, and the bail ALWAYS equals the fine.

While the values are customarily equal, bail may be refunded unlike a
fine. So if your case is dismissed, the laws below apply:


http://www.leginfo.ca.gov/cgi-bin/wa...ion=re trieve

42201.6. (a) A deposit of bail received with respect to an
infraction violation of this code, or any local ordinance adopted
pursuant to this code, including, but not limited to, a violation
involving the standing or parking of a vehicle, shall be refunded
by the agency which issued the notice of violation or the court
within 30 days of a cancellation, dismissal, or finding of not
guilty of the offense charged.
(b) Multiple or duplicate deposits of bail or parking penalty
shall be identified by the court or agency and refunded within 30
days of identification.
(c) Any amount to be refunded in accordance with subdivision
(a) or (b) shall accrue interest, at the rate specified in Section
3289* of the Civil Code, on and after the 60th day of a
cancellation, dismissal, or finding of not guilty or
identification of multiple or duplicate deposits, and shall be
refunded as soon as possible thereafter along with accrued
interest.


42202. Failure, refusal, or neglect on the part of any judicial
or other officer or employee receiving or having custody of any
fine or forfeiture mentioned in this article either before or
after deposit in the respective fund to comply with the foregoing
provisions of this article is misconduct in office and ground for
removal therefrom.

*

http://www.leginfo.ca.gov/cgi-bin/wa...ion=re trieve


However, it seems The Orange County Superior Court is unaware of those
laws mandating refund with interest within thirty days:

http://www.occourts.org/traffic/

If the fine is suspended or if you are found not guilty, your bail
is refunded by mail within sixty days and is returned to the
depositor at the address listed on the case


This provides some insight into lack of competence of the court which
can often be exploited to advantage.

Don't ever wave time when posting bail or appearing for arraignment;
that's how you can prevail. In California, the law mandates that you
receive a _speedy_trial_. The Court will try to tell you that the
21-day time begins at the time of arraignment, but if your trial date
is set more than 21-days from your arrest (citation date), it's
possible to successfully file a motion for dismissal.

Thanks for the hints. I've heard similar stuff since. Like I said,
this happened long ago when I was young and didn't know much.

I've also heard that if you go down to the courthouse immediately,
preferably the same day and demand your day in court, odds are that
you will be scheduled on a day the arresting officer can't make it
- other than the day on the ticket - and the case is dropped, unless
the guy actually wants to take time off his scheduled work to defend
a ticket.

Thanks for that nugget.