What to Do If You Lose a Trial by Written Declaration

If you've lost your trial by written declaration, don't lose hope. California law provides you with the right to request a new trial, known as a "trial de novo." This guide will walk you through the process of requesting and preparing for a trial de novo.

Understanding Trial De Novo

A trial de novo is essentially a fresh start - a completely new trial where you can present your case in person. This is your opportunity to:

• Present new evidence that wasn't included in your written declaration
• Cross-examine the citing officer in person
• Make a more compelling case with in-person testimony
• Address any issues from your previous written declaration

Requesting a Trial De Novo

To request a trial de novo:

1. Timing is Critical: You must request a trial de novo within 20 calendar days of receiving the court's decision
2. Submit the Request: Complete and submit the TR-220 form (Request for New Trial) to the court
3. Pay the Bail: You'll need to post bail equal to the amount of your fine
4. Receive Your Court Date: The court will mail you a notice with your new trial date

Preparing for Your New Trial

Use the time between your request and the trial date to strengthen your case:

• Review the officer's testimony from your written declaration
• Gather additional evidence to support your case
• Prepare questions for cross-examining the officer
• Practice your testimony and presentation
• Consider bringing witnesses who can support your case

Key Differences from Written Declaration

A trial de novo differs from a trial by written declaration in several important ways:

• You'll appear in person before the judge
• The officer must appear in person to testify
• You can present live testimony and evidence
• You can cross-examine the officer directly
• The judge can observe your demeanor and credibility

Strategies for Success

To increase your chances of success in a trial de novo:

• Dress professionally and arrive early
• Be respectful and professional at all times
• Present your evidence clearly and logically
• Prepare specific questions for the officer
• Focus on key points that support your innocence
• Be prepared to respond to the judge's questions

What to Expect in Court

During the trial de novo:

1. The officer will present their case first
2. You'll have the opportunity to cross-examine the officer
3. You'll present your case and evidence
4. The officer can cross-examine you
5. Both sides can make closing statements
6. The judge will make a decision