Tips for Court...

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Old Mar 27, 2006 | 12:56 PM
  #1  
CBR76's Avatar
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Default Tips for Court...

Seeing how my advice on what to do if stopped was well-recieved I thought I'd list some tips for court. I see and hear alot of people, especially on forums, that put out varied opinions on what to do (some good, some downright wrong or misleading).
All of the advice I offer is formed from the countless hours I've spent in court, is my personal opinion, and should not replace legal representation. If the are any questions, please feel free to post them or send me a PM. I was just as much in the dark as anyone else before I started my career so don't be embarrassed regardless of the question. My advice is intended to help those in a hole see a ray of sunlight, not educate people on how to beat the system or get over.

To preface:
Some officers, particularly those on highway patrol, stop hundreds if not thousands of cars a year. Any officer that takes each and every stop personal, if any at all, should have his head checked. I stopped a little over 1,200 people last year and I can recall (without the use of notes) with perfect clarity) a handful of them. Some guides, specifically "How to Beat Your Ticket" or something to that effect details on how to trap the officer in a lie or trip them up. I'm human and make mistakes like anyone else but I doubt that most officers are going to willfully lie or misrepresent the truth in order to win a traffic case in court. 1) Its not worth your job 2) There's nothing that would or could make me feel the urge to lie because its wrong and makes no sense.

If you're facing serious traffic charges (negligent or reckless driving, aggressive driving, DUI, eluding, 5 pt or Must Appear violations)
I suggest you retain a lawyer. Everyone, including myself, has the standard lawyer jokes but I will tell you that they are worth more than their weight in gold, some more than others of course. If its your first offense or you don't know where to look its hard to know what type you're getting. Some lawyers will plead everything out, try to get a kind word from the officer to the Judge on his clients behalf and work interference. Others will play hardball, have a reputation for not pleading out easy, thus encouraging the States Attorney to play a little give and take. Judges, for their part, hear thousands upon thousands of cases a year, and sometimes wont bother looking up from their screen or paperwork, much less over the tops of their bifocals at you. Nothing gets a Judge's attention more than a top-flight lawyer, known for presenting a good case, and bring up key points that lays the basis for an appeal at a later date. In most cases, Judges don't like appeals, trials, or having their decisions later reversed. Besides the issue of professional pride they slow up the machinery of court and no one wants that (the Judge, the clerk, the officers, witnesses, and everyone else that wants to get out at a decent hour.

Defending yourself:

Pros:
Save money

Cons:
Much less likely to get a lesser charge, or have case nolle prossed or placed on stet docket. The one exception is if you have charges
for say suspended registration, suspended license, or things you didnt bother to have in order when stopped. 90% of the people that go to court seem to thinks things will take care of themselves and hope for the best. Be part of the 10% that goes to court, has everything already taken care of, and chances are the States Attorney will let it go. If you have a history of having said problems this doesnt apply as much

Having a lawyer:
Pros:
It shows the court that you're taking the situation seriously and that, even if you don't know all of your rights and the legal process, you show sense for hiring someone that will take care of business for you. If you don't have the money, get a public defender. However, they usually are not able to give as much time and attention to your case as a private attorney would. You get what you pay for.

Cons:
$$$$. A top-n
 
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Old Mar 27, 2006 | 01:08 PM
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Damn dude, you're full of useful info. I hope I never need it, but I'm glad to know these things.
 
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Old Mar 28, 2006 | 10:59 PM
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Default RE: Tips for Court...

Nice long write ups. It'd be nice if more people took pride in their jobs like you do. I don't remember seeing you list where you work? I mean, city... state.... county? Thanks for taking your time and hopefully educating some of us on how the legal side views our issues.
 
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Old Mar 28, 2006 | 11:23 PM
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Default RE: Tips for Court...

+1 on the gratitude and admiration..
 
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Old Mar 29, 2006 | 01:19 AM
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ORIGINAL: doncollins

Nice long write ups. It'd be nice if more people took pride in their jobs like you do. I don't remember seeing you list where you work? I mean, city... state.... county? Thanks for taking your time and hopefully educating some of us on how the legal side views our issues.
I didn't list where I work because some might take exception to me explaining issues that they'd rather most people be in the dark about. I'm not putting out anything that is illegal or inside information or anything like that, but things the average person learns the hard way, after being put through the legal grinder. My biggest hope is that someone reads this thread and thinks, "Damn, maybe its not such a good thing to go all MotoGP out on the highway" or is influenced to make better decisions knowing the full possible consequences of their actions.
 
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Old Mar 29, 2006 | 02:04 AM
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excellent info CBR76! keep 'em coming...
 
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