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Re: Re: Re: Re: Case Closed





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Posted by John Refkin on November 05, 2005 at 15:27:40:

In Reply to: Re: Re: Re: Case Closed posted by Dave on November 04, 2005 at 15:55:36:

Penal Code section 1382 would not apply for a misdeameanor cite and release case. PC 1382 states:

However, an action shall not be dismissed under this subdivision if any of the following
circumstances exist:
C) The defendant in a misdemeanor case has been ordered to appear
on a case set for hearing prior to trial, but the defendant fails to appear on that date and a bench warrant is issued, or the case is not tried on the date set for trial because of the defendant's neglect or failure to appear, in which case the defendant shall be deemed to have been arraigned within the meaning of this subdivision on the date of his or her subsequent arraignment on a bench warrant or his or her submission to the court...."

Sorry. You butt would be hooked up on warrant.

Your friend,

John



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