I paid the fine but was told I had to plea notguilty and had no choice in the matter. I also must go to court now. Now I was not given my rights or offered an attorney. do you think I need a lawyer or would just showing up may be acceptable to the court?
2007-10-05 16:33:35 · 14 answers · asked by bjr4613 1 in Politics & Government ➔ Law Enforcement & Police
A plea cannot be forced upon you unless you are a minor, or are incompetent (mentally ill), or uncooperative. Otherwise, you would have no reason to appear. A plea of guilty for a felony (failure to appear) cannot be made outside of a courtroom, though. If you have never appeared before a judge to answer for that crime, then an automatic 'not guilty' plea would be appropriate.
You are not required to be read your rights unless you are arrested (taken into custody) by the police. Likewise, you will not be offered an atty until you plead not guilty in front of a judge and ask for one.
If you intend to plead guilty and face your punishment as a moral act of contrition, then you don't need a lawyer. If you intend to try to get your sentence reduced or plead not guilty, then a lawyer will be assigned to you at your request during the initial phase of the trial (your first appearance). In other words, just showing up will be sufficient. The judge will advise you of your rights at that time.
2007-10-05 16:49:31 · answer #1 · answered by Anonymous · 2⤊ 0⤋
The registered owner of the cars is the one that has the problem...and the fines go up and up with penalties the longer they are unpaid. Some states will not renew the car's annual registration (tags) if there are unpaid tickets against the vehicle...the vehicles can be "booted" or impounded, and a warrant can issue for the registered owner. So there is a lot of trouble and expense associated with them, and it only gets worse with time. Do the right thing and take care of them NOW...and be more responsible in the future...there is no good excuse for racking up these tickets. Buyer the right kind of monthly parking permit at school...I'm sure most everybody else manages to park their cars at school without constant tickets.
2016-05-17 07:23:27 · answer #2 · answered by kendra 3 · 0⤊ 0⤋
normobrian is mostly right. The only thing I can add is I received 3 tickets from one traffic stop. All of which I felt was bogus. I went to court and was asked how I plead. In a firm voice stated "Not Guilty your honor and I want a lawyer and a jury trial". The judge said "What?" And I repeated myself. The judge looked at the prosecutor with a raised eyebrow. The next thing I knew, my possible $685 fine and possible jail time was reduced to a total of $30, no court costs, no points on my license, and no record.
2007-10-05 17:45:19 · answer #3 · answered by ? 6 · 0⤊ 1⤋
You weren't arrested, so of course you weren't read your Miranda rights.
If you ask for an attorney, or show up with one, in traffic court, you will be pretty mch laughed out of existence.
You probably need to go to clear up the warrant, the traffic ticket is a done deal.
Maybe you should spring for a minimal amount of time from a local attorney who will explain your suituatin to you. 30 or 60 minutes should do it.
2007-10-06 08:09:02 · answer #4 · answered by Barry C 7 · 0⤊ 0⤋
you paid the fine and now you have paid the fine you are technically going to court for late payment of a fine
which you have also paid in the form of a fine on top of the initial first fine,are you sure this court hearing is not for getting your money back by disputing the reasons you got a fine in the first place?otherwise it doesnt really make any sense
2007-10-05 17:42:01 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Stonewall. With a straight face tell them they must be mistaken because you never received it (can they PROVE otherwise ?). How can they prove you got the citation unless you admit it, signed for it, or they have some other form of proof like a photo or boot. That's why a police officer will make you sign a moving violation although it doesn't admit guilt. It's their way of getting proof that you received it.
Tell them you don't think it's fair but you'd be willing to let it pass by paying the $5 ONLY. It's not your business to keep track of their tickets that for all they know could have been torn off your windshield by someone. If it's a judge you're talking to be respectful. (Hope you don't already have a boatload of violations.)
2007-10-05 16:54:04 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Today is Friday.....Relax. Call the "Court Clerk" and tell them everything you just asked. Tell the truth and have your ticket with you while your on the phone. You can get this thing dismissed on the phone if you just tell them the truth and make a case for yourself. Court Clerks can solve problems on the phone.....this is a real petty case. Do this and give me a million points for being right.
2007-10-05 16:40:31 · answer #7 · answered by BudLt 5 · 2⤊ 0⤋
THE FINE IS YOU PAYMENT TO THE COURT FOR FEES DUE
YOUR APPEARANCE IS TO PLEA NOT GUILTY AND EXPLAIN WHY THE WARRANT HAD TO BE ISSUED--YOU HAD TO RECEIVE NOTICES BEFORE A WARRANT COULD BE ISSUED OR YOU MOVED AND THE ADDRESS CHANGE WAS NEVER RECORDED FOR YOUR FORWARDING ADDRESS OR YOU CONVENIENTLY FORGOT BOUT THAT ALSO?
YOU WILL NOW AS ONE SAYS HAVE YOUR DAY IN COURT--EXPLAIN WHY IT TOOK SO LONG TO CATCH UP WITH YOU ABOUT THIS MATTER?
2007-10-05 17:57:44 · answer #8 · answered by ahsoasho2u2 7 · 1⤊ 0⤋
You have to be kidding me! Where do you live? You should be able to just plead guilty and pay the stupid fine. Like you need to waste the courts time for a parking ticket. I would write your representative and tell them about it.
2007-10-05 16:51:15 · answer #9 · answered by Chef 6 · 0⤊ 1⤋
Hon, how are we supposed to know? We were not in Court with you, so if you are worried, then hire an attorney.
2007-10-05 16:46:26 · answer #10 · answered by Sgt Little Keefe 5 · 1⤊ 0⤋