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To Plead Not Guilty
If you wish to plead not guilty, you must either schedule a court trial or request a trial by declaration. You will be required to post bail in either situation, unless you personally appear in court to make the request.
You may schedule a court trial in one of three ways:
- You may request a court trial date at the Clerk's Office on or before the due date written on the citation. Bail must be posted.
- You may request a court trial date by mail. (See WRITTEN NOT GUILTY PLEA AND REQUEST FOR COURT TRIAL below)
- You may request a court trial date by appearing before the Judge or Commissioner. Report to the Clerk's Office on any day before the due date on your citation and make a court date to appear. At the scheduled court appearance you may request a court trial without the necessity of posting bail.
Written Not Guilty Plea and Request for Court Trial (ADULTS ONLY):
On infraction cases only, you may submit a written request for a Court Trial. You must submit the full bail amount along with your written intent to plead not guilty and your request for a Court Trial. Please list any dates on which you will NOT be available. Your request must be mailed to the appropriate court, no later than five (5) days prior to the due date. You will receive information regarding your Court Trial date within ten (10) days of the court receiving your request.
Written Not Guilty Plea and Request for a Trial by Declaration (ADULTS ONLY):
On infraction cases only, in lieu of appearing in court for a Court Trial you may choose to proceed with a Trial by Declaration. You must send to the court, via certified or registered mail, your plea of not guilty, a request to proceed by Trial by Declaration and the full bail amount. Your request must be mailed to the appropriate court, no later than five (5) days prior to the due date. You will be sent further instructions once the court receives your request.
If you live outside of San Joaquin County, mailing in a Request for a Trial by Declaration may be best. A Trial by Declaration is exactly the same as a court trial except all parties submit their statements in writing. The declaration should include the testimony you would give if you actually appeared for a court trial. The statement should be signed and dated by you and include your citation number. The Judge or Commissioner will review your written statement and the officer's written statement and will make a decision based on those materials only. You will be notified of the decision by mail within six (6) weeks. You must post bail at the time of your request for a trial by declaration.
Dress Code: You must wear proper attire when appearing in Courtroom. No tank tops, shorts or bare fee allowed.
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