I was a justice of the peace for 6 years. I used to tell people if they were innocent to definitely say so. But, if guilty don't make up a lame excuse. Unfortunately, so many really were in violation. But, I actually enjoyed finding people innocent when they were. I hate plea bargains and would never consider accepting one. A person is either guilty as charged or not.
Think it all over thoroughly on being innocent. If you really are, I wish you the best in asserting your innocense. The police and courts should never be allowed to convict the innocent.
2007-10-24 16:22:01
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answer #1
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answered by genghis1947 4
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Since this is a merely a traffic offense (for which you could not go to jail), you would not be entitled to a court appointed attorney.
Nor would I suggest that you hire a private one --your attorney fees would likely exceed the fine --if you were found guilty.
If you cannot (or will not) reach some settlement, your options are to either take the case to trial, or plead guilty with an explanation.
If you take the case to trial, the officer who ticketed you will explain what he/she observed and the reason you were given a ticket. There is a small chance that the officer won't show up for the trial. I'm a prosecutor, and I'll be honest: If you live in a larger city, it is more likely that the officer will fail to appear for the trial than if you live in a smaller city (I've practiced in both). If the officer fails to appear, then the ticket will normally be dismissed.
However, if a trial is scheduled, plan your case. Don't hope that the officer fails to appear.
Once the trial begins, the prosecution presents evidence. This is when the officer testifies. After the officer finishes, you have the ability to cross examine the officer. During this time, you can only ask questions, your cannot testify or tell the judge your side of the story (yet).
After the prosecution finishes, you can either call witnesses or testify yourself. You do not have to testify, but I would recommend it in a case like this. Once you are sworn in, simply tell the judge what you believe happened and why you do not believe that you are guilty.
Once both sides have finished testifying, the judge will give both sides the opportunity to present oral argument (or a summation of the facts presented and why the law should be applied in their favor). The judge will then make a decision.
On the other hand, if you do not want a trial, you could enter a guilty plea and explain the circumstances of your case. Just remember that once you plead guilty, you are essentially relying on the judge to find sympathy/empathy in your version of the events. You certainly should also mention your clean driving record for the past 16 years (just remember that the judge will have a copy of it front of him/her).
Finally, if you would like to find out how much the fine would be, contact the court and ask. The number should be printed right on your citation.
[***Although I am an attorney, I am not your attorney: this is not legal advice***]
2007-10-24 20:02:25
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answer #2
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answered by snowdrift 3
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First of, you do not have to plead guilty and having a lawyer is your right however there are rules that are used to see if you are allowed to have a court appointed attorney, if you do not meet the qualifications you must may for the attorney yourself, you say you can not afford it but it is the guidelines that make the decision otherwise everyone would use court appointed attorneys to avoid the expense. The judge can hear your case.
A plea bargain is normally in your favor but you do not have to plea bargain either, the judge will then decide your guilt or innocence and tell you what the fine will be, you can make arrangements to pay the fine in payments.
Not having a ticket in 16 years makes little difference the judge is not trying to protect your record.
Edit: Note to Rose, the officer that issued the ticket *will* in all probability show up, it is part of their job to attend court hearings, especially if one pleads not guilty and asks for a trial, he will be there.
2007-10-24 16:47:01
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answer #3
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answered by justgetitright 7
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It all depends on how organized and automated your court system is. The fact he has a warrant out for his arrest means that since he did not show up for the court case on the charge of battery, he was found guilty and an arrest warrant was issued for him. I'm surprised he is even going to traffic court for a drinking ticket. If he was issued a ticket it would have been in his best interest just to pay the fine and not risk taking it to court. Depending on how serious his crime was, that may not have even been an option.
2016-05-25 17:10:32
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answer #4
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answered by ? 3
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Remember you are innocent until proven guilty in any court of law. If you feel you were wrongly ticketed, go to the place the citation was written. Look and see what the signs say.If you still feel you are right and there is any evidence to prove your point. Take pictures to explain your side and bring witnesses if you have any to court. You have the right to plead "no contest" this is just like pleadding guilty only it cant be held against you in the future if someone wants to sue you.
2007-10-24 16:24:19
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answer #5
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answered by Burley 1
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Chances are the officer and any witnesses will not show up for the court date, so the case would be dismissed.
If the officer does show up, you're probably screwed. sorry!
Don't know about ticket costs in NY.
2007-10-24 16:20:44
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answer #6
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answered by Anonymous
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You don't have to plead guilty, or accept a lessor offense. At this point, you will go to trial. The outcome will then be up to the Judge.
2007-10-24 16:40:18
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answer #7
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answered by CGIV76 7
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1) WON'T PLEAD GUILTY ? YOU GO TO THE HEARING PHASE AND GET FOUND GUILTY OR INNOCENT.
2) KNOW YOUR RIGHT OR RIGHTS?
KNOWING YOUR RIGHT IS YOUR OPINION.KNOWING YOUR RIGHTS IS A PROSE DEFENSE.
3) U TURN ON RED?? IN AL IT IS $125
4) GREAT. WILL LOOK GOOD ON RECORD.
WHY A U TURN ON RED?
2007-10-24 16:19:20
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answer #8
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answered by ahsoasho2u2 7
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