First time in court & nervous. Please help!

[dreamr]

What is the name of your state? South Carolina

I am in no way trying to excuse myself here, but I was stopped seemingly at random. The cop pulled me over, said that I was speeding (yet I have not been charged with that) and asked for my license. I gave him my license, he went back to his car and a few minutes later came back to my window and asked for my proof of insurance. I had just recently moved and my insurance had lapsed. I thought it would be better to be honest, so I told him this. He then proceeded to search through my belongings, handcuff me, impound my car, and take me to jail. All the while, he kept making comments like "if you behave, I'll leave the cuffs in the front" (I am a young female and was in no way acting out or anything). Btw, on the ticket, he also listed my car as being "green" and my car is very obviously blue.

Anyway, I was "booked" (I guess that's what they call it?) and put in a holding cell. I was there for several hours, until one of the jail secretaries "remembered" that I was there (no joke - she said they had forgotten about me) and took me downstairs to see the Magistrate Judge (?). The judge let me go on my own recognizance and told me to be back for court on June 21st, prepared to pay a $440 fine.

Well, I have been stressing over this situation forever and today, I am just a nervous wreck. I got a new insurance policy ASAP after being released, got my car out of the pound, etc. I don't have $440 at the moment and I don't know what to expect when I go to the court room this afternoon. I'm terrified that they're going to send me to jail for not being able to pay the fine.

Someone told me that you can request a payment plan. What are the chances of that happening? Any reassuring words would really be appreciated. Thanks in advance.

 

[garrula lingua]

Courts allow payment plans - you don't have to pay the whole amt of the fine immediately.

Bring your proof of new insurance to court with you - it usually results in a lesser fine.

You are one of many (unfortunately); you have corrected the ins. error - good for you.

Don't worry about court.
Just go & advise the staff/Judge that you got ins immediately and be prepared to show your proof.
If/when you're fined, ask for a payment plan, as you used all your $ on insurance. Also tell the Judge you were held in jail for sev'l hours & ask if you can receive a credit against the fine for the time you spent in jail. Most Judges will do this (the court Judge may be different than the Magistrate you saw; you might get a reduction).

Good luck. You'll be fine.

 

[dreamr]

Thanks so much for the reply.

I seriously hope they'll take a payment plan. OMG, I am so stressed out about this, you have no idea. This is the most "trouble" I've been in in my entire life. And I guess I'm just imagining the worst. Being carted out of the courtroom Paris Hilton style. Gah. lol

I'll keep your suggestions in mind, and I'll be sure to let you know how it turns out. Thanks again.

 

[MikeKV]

Well, we're all waiting. What happened?

 

[seniorjudge]

Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts or caps.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are seven stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

7. I/my kid/my whatever has surgery scheduled.


https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.