But, assuming you decide to come to court, here are some of the most common options are the arraignment:. Every driver's situation is different.
So, which option is best just depends on individual circumstances. For instance, for anyone who's extremely busy, pleading not guilty typically isn't appealing because it means having to come back to court at least one more time. For drivers in this category who want to fight the ticket, hiring a traffic attorney might be a good idea. And, although traffic school is normally a good option, drivers who have recently done traffic school normally won't be eligible.
In a few states, you have the option of presenting your defense in writing rather than personally appearing at a trial. Typically, you make your testimony in a "declaration," which is a written statement you type up and sign, swearing you are telling the truth. You might also be able to include witness declaration and other evidence like photographs and diagrams. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Pleading and Arraignment in Traffic Court. Your options on the first court date for a traffic ticket.
If you have more than one witness, organize your case by determining what each witness will say and how their testimony will prove key facts about your case. Organize your witnesses by the logical sequence of events. Begin by acquainting your witness with the various legal elements of your case and the strategy you plan to use for your defense.
Their testimony should support one or more key aspects of your case. Every attorney rehearses a witness you should do the same if you plan to represent yourself in court. You may wish to put yourself in the role of the prosecutor and ask the witness some questions that the prosecution will use in their cross examination in order to properly prepare the witness for what to expect.
During your trial, you may request that witnesses not be permitted to sit in the courtroom before they give their testimony. This prohibits the witnesses from molding their testimony to what the other witnesses say. Don't let a witness bend the truth. Sometimes a friendly witness will volunteer to stretch the truth on your behalf. This is never a good idea and a skilled prosecutor may expose even a small lie. This will destroy any credibility of the witness's testimony.
You have the right to demand access to the officer's notes through a process called "discovery". This involves making a written request for the disclosure of all notes or documents relevant to your case. Not many defendants request to see the evidence against them. Often times, you may find that your discovery request is ignored.
If you don't get a response to your request within a certain timeframe, you will need to go to court and make a "pre-trial motion" to ask the judge to order law enforcement to release the notes to you. If you receive a copy of the officer's notes, Look for weaknesses, inconsistencies or provable falsehoods. Write brief notes for rebuttals to the officer's notes. The purpose in cross-examining the officer is to demonstrate that there is reasonable doubt that you are guilty. Your goal may be to have the officer admit that you did not violate every element of the law or that he was not in a position to see your vehicle clearly.
Since the he prosecution is the first to question the police officer, this is your opportunity to make note of any discrepancies in his or her testimony. There may be a difference in what the officer says and what's written in his or her notes on the ticket.
Limit yourself to short questions that are phrased to help prove your side of the case. Always remember to be respectful of the officer during questioning. When you contest a traffic violation, the first time you appear in court is called an "arraignment". This is your opportunity to either plead guilty and pay the fine or enter a plea of not guilty and request a date for trial.
It is your Constitutional right to a fair trial and you should take full opportunity of this. Show up to your court early with all of your notes and be prepared to present your case. You have the option to be represented by an attorney or you may present your own case at your hearing.
On the first day of trial, the judge will call the list of cases that are scheduled on the court's docket. The judge will ask if you or your attorney and the prosecutor are ready to proceed to trial. The court will also determine if all witnesses are present in the courtroom and ready to give testimony in the case.
At this time, you may request that the case against you be dismissed if the officer who issued the citation does not show up. If all the parties are ready to proceed to trial, the prosecutor will present their case against you. The police officer will be sworn in and testify as to the facts as they remember them. The defendant may offer opposing evidence, argue the law, present supporting witnesses and cross-examine the law enforcement officer who issued the citation.
Outline the key points that you want to present in defending your case. Point out any weaknesses in the prosecutor's case, including any contradictory evidence. You may point out elements of the case that the prosecutor failed to prove and emphasize any extenuating circumstances in your favor. Even when it's evident that the defendant committed a crime, judges, defense attorneys and prosecutors may bend the law in order to obtain a desired result in order to avoid a lengthy trial.
Most traffic violations are heard before a judge. They rule on the admissibility of evidence and the methods of conducting testimony. Their job is to ensure that all of the court's rules and procedures are followed properly. They also interpret the law to determine how the trial will proceed. In many cases, the judge will order a pretrial hearing. This is done to listen to allegations and determine whether the evidence presented merits a trial.
In criminal cases, the judge may decide that individuals charged with a crime should be held in jail pending trial. They also set the conditions for bail or if the person should be allowed release on their own recognizance. Advanced Search.
Arraignment and Court Trial. What to expect from an Arraignment or Trial Your court appearances for your traffic infraction ticket will include an arraignment and, if requested, a court trial. What Is an Arraignment? Asking for a trial You have two options when it comes to having a trial: You can ask for a court trial ; or You can ask for a trial by written declaration.
0コメント