Be prepared for the public defender to ask you two questions then shun you the rest of the day while they tend to their other 30 clients that day
Be prepared for the public defender to ask you two questions then shun you the rest of the day while they tend to their other 30 clients that day
Aeao@lemmy.world 2 months ago
Do I need a public defender? I didn’t intentionally do anything wrong I just didn’t know my license was expired? I’ve got a clean record it was just a mistake.
algorithmae@lemmy.sdf.org 2 months ago
Probably not. By the sounds of it, it’s “just” traffic court… You’ll be herded into a courtroom with a couple dozen others, and each of you will be called in turn to speak to the judge. Kinda like a pop quiz. You’ll be told your charge and be asked a few questions. If you’re polite and genuine you’ll likely get off easy, since people LOVE to fight back and dig their hole deeper.
Back in high school I was in a similar situation, and basically got it completely dismissed because I was young and it was my first ever infraction.
IANAL
Aeao@lemmy.world 2 months ago
Yeah,.even ignoring the joke comments that are funny, alot of people are saying I should fight. I doubt that would be a good idea. It was an honest mistake and I’ve got a clean record. I think being honest is my best bet.
CosmicTurtle0@lemmy.dbzer0.com 2 months ago
Traffic court, while yes it’s a court of law, is a bit more relaxed. Judges have far more leeway and they have a long docket.
You’re not the only one being seen and the judge wants to go home on time.
Be honest, courteous. In the rare event that the police officer starts saying things that are completely egregious, plead the fifth and ask for a continuance. Tell the judge that these facts are new to you and you’ll need time to assert a defense.
The judge may ask what you thought the charges were. Say something along the lines of, “Without waiving my fifth amendment right to self incrimination, my understanding is that I’m being charged for driving with an expired license.”
But this should be rare. Judges don’t like surprises either.
Again, remember that this is traffic court. Everyone is busy. If you’re a dick, they won’t have patience for you.
deranger@sh.itjust.works 2 months ago
I went to court for a traffic ticket and the cop didn’t show up, so I didn’t get charged with anything. Poof, gone. Just be honest and courteous and you’ll be as fine as you can be given the situation.
thermal_shock@lemmy.world 2 months ago
if you didn’t go to jail, not that big of a deal. get it fixed, go to court and explain. mistakes happen, you didn’t run anyone over. you might get a fine, shit happens.
474D@lemmy.world 2 months ago
Dude it’s your first offense. Just go in there dressed nice, when asked, plead guilty with a request for leniency while being completely honest. They will most likely give you a slap on the wrist and make you pay for the court fees. That’s it.
JustZ@lemmy.world 2 months ago
When I used to work in a prosecutor’s office, in a situation like this where the person has a clean record and comes in at an expired license, as long as you renewed the license before your court date, we would just dismiss the charges.
EleventhHour@lemmy.world 2 months ago
In most traffic courts, you don’t really need a lawyer unless it’s a serious and/or criminal offense.
HeyThisIsntTheYMCA@lemmy.world 2 months ago
I’ve not known traffic court to use attorneys but your jurisdiction may vary
Spiralvortexisalie@lemmy.world 2 months ago
Don’t know where you are from but at least in 🦅 country you have a right to counsel. Thats works out to usually being assigned counsel (public defender) as soon as possible in the interest of justice. For a standard ticket you will probably have this settled within two court dates, your fees and other associated charges may not be so nice.
Maggoty@lemmy.world 2 months ago
You only have that right when it’s a charge with a certain amount of weight, like prison time or a felony.
Spiralvortexisalie@lemmy.world 2 months ago
Any “Serious crime” which the SCOTUS delineated long ago as anything where you may face more than 6 months incarceration which lines up with just about anything.
SzethFriendOfNimi@lemmy.world 2 months ago
I’d still take one. A lawyer isn’t just somebody to defend you. They’re the ones best suited to guide you through the legal process.
You want the court to know it was a mistake? Ok, here’s how we argue that in such a way that it’s not admitting fault for some other legal aspect you need to be mindful of. And here’s a point we can make to see if they’ll change it to this other violation that has less of a penalty or doesn’t result in large premium increases with your insurance.
Aeao@lemmy.world 2 months ago
That’s something to consider. I just don’t want to seem like I’m being difficult to the judge.
SzethFriendOfNimi@lemmy.world 2 months ago
Having representation isn’t difficult. And actually helps streamline the process for the court.
You’re not walking in there with high power lawyers after arguing for weeks about various things.
If there’s a PD you can listen to them and follow their advice. They’re so overworked it won’t be as effective as having your own but will still be better than none.