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AttorneyCook
AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience:  Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
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I just received a Notice of Correction and Proof of Service

Resolved Question:

I just received a 'Notice of Correction and Proof of Service (Vehicle Code 40505)" in the mail (the day before my previously scheduled court date).

On the form it says, "The citation issued to you contained an error as indicated by the items checked below. This notice of correction does not affect the validity of the citation or the required court appearance":

(checked) Date/time of court appearance should be changed from 10-22-13 to 11-28-13

What does this mean? Should this be something I should be concerned about?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  AttorneyCook replied 9 months ago.

AttorneyCook :

Dear Customer: Thank you for your question. This document has been served to you to change the date that you are required to appear and handle your ticket. You were appeared to show up on the 22nd of October, and you are now instead required to appear on the 28th of November. The language that regards "the the validity of the citation or court appearance" is written to make sure that you understand that the citation was legally served to you under section 40505 and that you are obligated to appear on the new court date.

AttorneyCook :

You needn

AttorneyCook :

I am sorry about this typo. You needn't be concerned about the document except that it changes the date you have to appear.

AttorneyCook :

When you go to your court date on November 28th, 2013, be sure to bring with you this document so that you can prove you have appeared on the proper date, though they will also have this document in their computer.

Customer:

Awesome! Thanks :) At this point, can I get another notice as well for something else? like changing the violation, etc.. or any other change? I'm assuming not likely as the date has been changed and if anything needed to be changed it would of been included in the notice.

Customer:

Is it also safe to assume that the officer may have forgot to file it?

AttorneyCook :

Oh, you are very welcome. It is feasible, I suppose, that the alleged violation could be amended by the State of California, but if they do amend it, they are obligated to give you some notice in advance of your setting, so that you may have time to hire a ticket lawyer if you want one, etc. One would hope that they would make all necessary changes in one sweep as you suggest. It is very unlikely that they would substantively change the ticket charged, as due process rights are affected when the actual charge is amended, which would help you to come up with more defenses. Because they know this, the possibility of changing that charge is slim.

Customer:

Are these notices of changing dates fairly common? Would it indicate that maybe the citing officer forgot to file it?

AttorneyCook :

To be very honest, I do not know how often statistically the dates are messed up. The court could merely have a very busy docket and sent these to half of the people that were set the day of your court setting, to ease off the busy schedule.

Customer:

Gotcha.. yeah because my citation wasn't in the system a month after the ticket was issued. Is it safe for me to assume that I don't have to go to court on the 22nd of this month or do I have to show up any way?

AttorneyCook :

That said, it may not indicate that the officer forgot to file the ticket. The only way to find out, is to go the municipal court clerk there in person, and ask to see all of the documents filed under your ticket number. Associated with the filing in the computer may also be the date the Officer filed the ticket. Yes, you may skip the 22nd court date, and appear instead on the 28th of November, but do not lose this document as it is your proof that you have appeared on the proper date which will protect you in the event of a docket mistake. If the Officer was untimely in fact with filing this ticket, he may also be the sort of officer who fails to show up for a trial if you set one on this ticket case. When officers fail to show up for trials, tickets are dismissed.

Customer:

Thank you for your help!

AttorneyCook :

I would like to thank you for your kind demeanor in this chat, as I find it quite rare on these forums. Have a great day:)

Customer:

Thank you.. Haha yeah I can imagine, especially when it pertains to legal or medical matters.

AttorneyCook, Lawyer
Category: Criminal Law
Satisfied Customers: 40
Experience: Attorney Cook has represented several clients in criminal jury trials, as a Managing Partner of a defense firm.
AttorneyCook and 13 other Criminal Law Specialists are ready to help you

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