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The TR-205 form is an essential document within the California legal system, specifically designed for individuals wishing to contest traffic citations without appearing in court. This form facilitates a process known as "Trial by Written Declaration," allowing defendants to present their case through written statements and supporting evidence rather than in person. The form includes critical elements such as the citation number, case number, and the due date for submission, which are vital for ensuring timely processing. Defendants are required to disclose any bail amounts involved and will provide any relevant evidence to support their claims, such as photographs, medical records, or repair receipts. Furthermore, it emphasizes the importance of truthful testimony, as claimants must declare under penalty of perjury that the information submitted is accurate. The structure of the TR-205 provides a clear framework, guiding users through the necessary steps to articulate their defense effectively. By understanding how to fill out this form properly, individuals can navigate the legal landscape more confidently while exercising their right to challenge traffic violations.

Tr 205 Example

TR-205

NAME OF COURT:

FOR COURT USE ONL Y

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

PEOPLE OF THE STATE OF CALIFORNIA

vs.

DEFENDANT:

REQUEST FOR TRIAL BY WRITTEN DECLARATION

(Vehicle Code, § 40902)

CITATION NUMBER:

TO BE FILLED OUT BY COURT CLERK

CASE NUMBER:

A.DUE DATE (for receipt of this form and any unpaid bail) (specify):

B.Bail amount required: $

C.Bail amount already deposited by defendant: $

D.Date mailed or delivered by clerk:

E. Mail or deliver completed form, evidence, and mail to the Clerk of the (specify):

Court at (mailing address):

REQUEST FOR TRIAL

1.I have reviewed the Instructions to Defendant (Trial by Written Declaration) (form TR-200).

2.I request to have a trial by written declaration.

3.The facts contained in the Declaration of Facts on the reverse are personally known to me and are true and correct.

4.I know that I have the right not to be compelled to be a witness against myself. I understand and agree that by making any statement, I am giving up and waiving that right and privilege.

5.EVIDENCE The following evidence supports my case and includes everything I want the court to consider in deciding my case:

a.

I

I photographs (specify total number):

e.

О diagram

b.

I

I medical record

f.

о car repair receipt

c.

I

I registration documents

g.

О insurance documents

d.

I

I inspection certificate

h.

I

I other (specify):

Form Adopted by the

Judicial Council of California TR-205 [New January 1. 1999]

(Declaration continued on reverse)

REQUEST FOR TRIAL BY WRITTEN DECLARATION

(Trial by Written Declaration—Traffic)

Vehicle Code, §40902

PEOPLE v. DEFENDANT (Name):

CASE NUMBER:

6.DECLARATION OF FACTS (Type or print only. State what happened and explain all the items of evidence you checked in item 5 on the reverse and tell how they support your case. You may add additional pages.)

(Name):

(Current mailing address):

STATEMENT OF FACTS (begin here):

7.Number of pages attached:

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

 

►________________________

(TYPE OR PRINT NAME)

(SIGNATURE)

TR-205

(New January 1,1999]

REQUEST FOR TRIAL BY WRITTEN DECLARATION

 

Page two

(Trial by Written Declaration—Traffic)

Get Tr 205 PDF Form

Form Characteristics

Fact Name Description
Purpose The TR-205 form is used to request a trial by written declaration for traffic violations in California, allowing defendants to contest a citation without appearing in person.
Governing Law This form is governed by the California Vehicle Code, specifically under Section 40902, which outlines the right to a trial by written declaration.
Eligibility Defendants must submit the TR-205 form within a specified time frame, typically indicated on their citation, to be eligible for a trial by written declaration.
Evidence Submission The form allows defendants to submit various types of evidence, such as photographs and receipts, to support their case, which the court will consider in its decision.
Declaration Requirement Defendants must declare under penalty of perjury that the information provided in the TR-205 is true and correct, ensuring sincerity and accountability in their statements.

Guidelines on Utilizing Tr 205

Completing the TR-205 form requires careful attention to detail. The process will guide you through various sections that collect essential information regarding your request for a trial by written declaration. Ensure that all responses are accurate and comprehensive to avoid delays. Follow the outlined steps below to correctly fill out the form.

  1. Identify the court information: Fill in the "NAME OF COURT," "STREET ADDRESS," "MAILING ADDRESS," "CITY AND ZIP CODE," and "BRANCH NAME" at the top of the form.
  2. Complete the citation information: Enter the "CITATION NUMBER" and "CASE NUMBER." These will typically be found on any documents previously received regarding your citation.
  3. State the due date: Specify the due date for the receipt of this form and any unpaid bail in section A.
  4. Indicate bail amounts: Fill out section B with the total bail amount required and section C with any bail already deposited by you.
  5. Document mailing details: In section D, provide the date when you mailed or delivered the form to the court clerk.
  6. Contact the relevant court: Fill in the name of the court and the mailing address in section E where you will send the completed form and any evidence.
  7. Indicate your trial request: In the "REQUEST FOR TRIAL" section, check the box affirming that you have read the instructions and clearly state your desire for a trial by written declaration.
  8. Confirm the accuracy of facts: In section 3, ensure that you acknowledge the truth of the facts in your declaration and mark the appropriate acknowledgment of your rights in section 4.
  9. List your evidence: In section 5, specify the types of evidence you are presenting to support your case. Mark all relevant items that apply.
  10. Prepare your declaration: In the "DECLARATION OF FACTS" section, type or print a detailed statement explaining the circumstances of your case and how your evidence supports your arguments.
  11. State the number of attached pages: Indicate how many additional pages are attached to your declaration in section 7.
  12. Sign and date the form: Finally, ensure that you sign and date the form, typing or printing your name as required.

Once all sections are filled out accurately, you can then mail or deliver the completed TR-205 form along with your evidence to the appropriate court for review.

What You Should Know About This Form

What is the TR-205 form?

The TR-205 form is a legal document used in California to request a trial by written declaration for traffic offenses. This form allows defendants to present their case in writing rather than appearing in court, making the process more convenient for many individuals.

Who needs to complete the TR-205 form?

If you have received a traffic citation in California and wish to contest it without appearing in person, you will need to complete the TR-205 form. It is available for anyone who prefers to submit their arguments and evidence in written form.

What information is required on the TR-205 form?

The form requires basic information such as the name of the court, citation number, case number, and your personal details. You will also need to specify the due date for submitting the form and any bail amounts, if applicable. It’s essential to provide a thorough explanation of what happened and any evidence you wish to submit to support your case.

How do I submit the TR-205 form?

Once you complete the TR-205 form, mail or deliver it along with any supporting evidence to the Clerk of the court indicated on the form. Be sure to do this before the specified due date to ensure your request is considered.

Is there a fee associated with the TR-205 form?

Yes, if you are required to post bail, the form will indicate the amount of bail you need to deposit to contest the citation. This amount must be submitted along with your completed TR-205 form. Check the form for specific bail requirements related to your citation.

What kind of evidence can I submit with the TR-205 form?

You can submit various types of evidence including photographs, medical records, registration documents, and any other relevant documents that support your case. Be clear in explaining how each item of evidence relates to your defense.

What should I include in the Declaration of Facts section?

In the Declaration of Facts section, describe in detail what happened during the incident related to your citation. Include a clear explanation of the evidence you listed earlier in the form and how it supports your case. If necessary, you can attach additional pages to fully detail your statement.

What happens after I submit the TR-205 form?

Once the court receives your TR-205 form and any evidence, a judge will review your submission. You will then receive a decision from the court, which may include a ruling on the citation, any fines, or dismissals if your case is found in your favor.

Can I appeal the court's decision after submitting the TR-205 form?

Yes, if you disagree with the court’s decision regarding your written declaration, there may be options available for you to appeal. It is advisable to consult with a legal expert to understand the appeal process within your specific circumstances.

Common mistakes

Filling out the TR-205 form can be quite straightforward, but there are several common mistakes people make. Understanding these pitfalls can make your experience smoother and more effective.

One of the first mistakes is not reviewing the Instructions to Defendant. This document, known as form TR-200, provides critical guidelines on how to fill out the form correctly. Skipping this step can lead to incomplete or incorrect submissions, which may delay your case or even lead to its dismissal.

Another frequent error is failing to provide the right citation and case numbers. These numbers are essential for the court to process your request. Ensure that you double-check them before submitting the form. Errors in these numbers can lead to confusion and additional delays in your case.

People also often overlook the importance of detailing the evidence clearly. In section 5 of the form, you must specify the type of evidence you are presenting. Simply marking boxes without explanation won’t suffice. Providing a clear connection between your evidence and your case is vital. Remember, the court needs to understand how your evidence supports your claims.

Additionally, many forget to sign and date the declaration. This step might seem small, but without it, the form is incomplete and may not be accepted by the court. Make sure to do this right before mailing or delivering your form.

Some also make the mistake of not attaching all necessary documents. If you mention evidence in your declaration, ensure you include it. For example, if you reference photographs, those should be included as attachments. Omitting evidence can weaken your case significantly.

Lastly, a common mistake is mailing the form to the wrong address. Take extra time to confirm the correct mailing address of the court division handling your case. Sending it to the wrong place may result in your request not being considered.

Documents used along the form

The TR-205 form, used for requesting a trial by written declaration in traffic cases in California, is often accompanied by several other forms and documents to ensure a complete and accurate submission. Here are five common documents that may be used alongside the TR-205 form:

  • TR-200: Instructions to Defendant
    This form provides detailed guidance to the defendant on how to properly fill out the TR-205 form and outlines the process for a trial by written declaration.
  • TR-206: Declaration of Facts
    The TR-206 form allows the defendant to provide a written narrative about the incident, including the facts and circumstances supporting their case.
  • Traffic Citation
    The original traffic citation issued by law enforcement contains vital information such as the citation number, the date of the incident, and the alleged violations, serving as a reference for the case.
  • Evidence Documentation
    This may include photographs, diagrams, or any other relevant materials that the defendant wishes to submit as part of their case, providing support for the argument made in the TR-205 form.
  • Proof of Payment
    If a bail amount has been previously deposited, documentation proving this payment may be necessary to clarify the defendant's financial obligations in connection with the case.

Utilizing these forms and documents alongside the TR-205 can facilitate a clearer presentation of the case to the court. Each document plays a specific role in the process, contributing to a complete understanding of the situation and aiding in the judicial decision-making process.

Similar forms

  • Form TR-200: Instructions to Defendant - This form provides essential guidance to individuals who are requesting a trial by written declaration. It outlines the rights and responsibilities of the defendant, similar to how TR-205 details the process for requesting the trial itself.
  • Form TR-210: Request for Trial by Written Declaration (Commercial Vehicle) - Like the TR-205, this document serves as a formal request for a trial by written declaration specifically for commercial vehicle citations. Both forms require the submission of evidence and a statement of facts to support the defendant's case.
  • Form TR-215: Statement of Facts - The TR-215 is used to present detailed facts relevant to the case, mirroring the section in TR-205 where the defendant must declare the circumstances surrounding the alleged offense. Both forms emphasize the importance of thorough and accurate factual representation.
  • Form TR-220: Declaration in Support of Trial by Written Declaration - This form complements TR-205 by allowing additional information and evidence to be submitted in support of the trial request. Both forms seek to provide a complete overview of the case and assist the court in making an informed decision.

Dos and Don'ts

When filling out the TR-205 form, it’s essential to pay attention to detail and follow the guidelines closely. Here are some dos and don’ts that can help ensure your submission is correct.

  • Do read the instructions thoroughly before starting to fill out the form.
  • Do double-check all information for accuracy, including names, dates, and citation numbers.
  • Do clearly state the facts in your Declaration of Facts section. The court needs a clear understanding of your case.
  • Do provide all the evidence you mentioned, ensuring it is labeled and easy to read.
  • Don't leave any sections blank unless specified. Incomplete forms may cause delays.
  • Don't assume the court knows any background information. Include everything relevant.
  • Don't submit your form late. Make sure it is mailed or delivered before the due date.
  • Don't provide irrelevant or unrelated evidence, as it can detract from your case.

Misconceptions

Here are seven common misconceptions about the TR-205 form, which is used in California for requesting a trial by written declaration:

  1. It is only applicable for criminal cases.

    The TR-205 form is specifically designed for traffic violations, not for criminal cases. Individuals facing traffic citations can utilize this process to contest their case without appearing in court.

  2. A written declaration will automatically result in a not guilty judgment.

    Submitting a written declaration does not guarantee a favorable outcome. The court will review the declaration along with any evidence submitted and make a decision based on the facts provided.

  3. Anyone can file a TR-205, regardless of citation type.

    This form is limited to individuals who have received a citation under the Vehicle Code section 40902. It cannot be used for other types of legal infractions or violations.

  4. You do not need to submit evidence with your declaration.

    Supporting evidence is crucial in a written declaration. The form explicitly asks for various types of evidence to help substantiate your claims. Without it, the case may lack sufficient support for a review.

  5. Filing the TR-205 form is free of charge.

    There is typically a bail amount that must be deposited when submitting the TR-205 form. This amount may vary based on the specific traffic violation cited.

  6. The outcome of the written declaration is final and cannot be appealed.

    While the decision made based on a written declaration is generally considered final, individuals usually have options for appeal or further legal action if they disagree with the ruling.

  7. You must be present in court to contest your citation.

    One main purpose of the TR-205 form is to provide a way for individuals to contest their citations without needing to appear in court. This can be particularly convenient for those unable to attend a scheduled court hearing.

Key takeaways

Key takeaways about filling out and using the TR 205 form:

  • Complete all requested information accurately, including the citation number and case number, to avoid delays.
  • Familiarize yourself with the instructions on form TR-200, as it provides essential guidance for your trial by written declaration.
  • Submit all necessary evidence along with your request. Ensure the evidence is relevant and clearly supports your claims.
  • Keep copies of everything you submit, as these documents may be needed for future reference or follow-ups.

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