Trial declaration gives us two chances to dismiss your case.
Trial declaration (trial declaration):
Attach a written statement of what happened so a Judge can read it. Further, if you are going to attach evidence like photographs or diagrams, also explain in your written statement what evidence you are attaching. Furthermore, for your written statement, you can use a form called Declaration (Form MC-030). Also, if you do not use these forms, make sure you write, at the end of your statement: “I declare under penalty of perjury under the laws of the State of California that this statement is true and correct.” Print your name, sign, and date the statement.
Make at least 1 copy of all your forms
These copies are for your records. If you prepare your statement without using a form, make sure to keep at least 1 copy of it also. Keep copies of any statements made by your witnesses. Keep the paperwork in a safe place.
Mail the original of all your forms to the court clerk by the due date
Mail the signed Request for Trial by Written Declaration, your statement(s), and evidence to the court clerk. Also, include the bail amount. Make sure you do all this BEFORE the due date. If you miss the due date, you will not be able to have a trial by written declaration.
Police officer provides a written statement
When the clerk receives your Request for Trial by Written Declaration (trial declaration), the clerk will let the police officer who issued your citation know. The officer will then have the opportunity to submit a declaration about the citation by the due date.
Court makes a decision and the clerk notifies you due date
The judicial officer will review your papers and the officer’s, and make a decision on your case. Court will notify the outcome by mail. Courthouses say what the penalty will be. They order it to be paid from your bail if the outcome is guilty. There will be a deadline to pay the rest of the fine if the fine amount increases. You will get a refund if they reduce the fine. The court will refund the bail money to you if the case is dismissed.
If you are not satisfied with the court’s decision, you can ask for a new trial (called a “trial de novo”)
When you ask for a new trial, you and the other parties will have to personally go to court for that trial. Also, you can ask for a new trial within 20 days after the court’s decision was mailed to you. The court will start over completely in deciding your case. The new decision is based on the testimony evidence presented at the court trial.