Can a Magistrate Increase the Charges?

What is the name of your state? Pennsylvania.

I recently was pulled over for going 61 in a 35. The officer told me how terrible it would be for me if he wrote the ticket for that so he wrote it for 50 in a 35 and discouraged me from pleading "not guilty".

In fact, he showed me where, in the 'remarks' section, he noted two small numbers, one at the beginning and the other at the end, a 6 and a 1. He told me that the magistrate knew to look there if I asked for a plea bargain.

Now he was a decent guy, I was going too fast and he cut me a break, but I am not sure if I want to give in to his bullying concerning not attempting for a reduction. So my question is this: If I plea ‘not guilty’ and attend a magisterial hearing, can the magistrate, upon seeing the “code” and that I was going 61 to begin with, increase my charges? I am not concerned about him increasing any fines; I just do not want more points on my license. So, more simply put, if I try to get a further reduction on my ticket, I know the fines can increase (court costs and such) but can the charges and points be raised beyond my citation?

Thank you in advance for any help you can offer.

What is your defense strategy for magistrate hearing?

LoopyTony said:

What is the name of your state? Pennsylvania.

I recently was pulled over for going 61 in a 35. The officer told me how terrible it would be for me if he wrote the ticket for that so he wrote it for 50 in a 35 and discouraged me from pleading "not guilty".

In fact, he showed me where, in the 'remarks' section, he noted two small numbers, one at the beginning and the other at the end, a 6 and a 1. He told me that the magistrate knew to look there if I asked for a plea bargain.

Now he was a decent guy, I was going too fast and he cut me a break, but I am not sure if I want to give in to his bullying concerning not attempting for a reduction. So my question is this: If I plea ‘not guilty’ and attend a magisterial hearing, can the magistrate, upon seeing the “code” and that I was going 61 to begin with, increase my charges? I am not concerned about him increasing any fines; I just do not want more points on my license. So, more simply put, if I try to get a further reduction on my ticket, I know the fines can increase (court costs and such) but can the charges and points be raised beyond my citation?

Thank you in advance for any help you can offer.

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While there are good cops, weighing the circumstances and persons involved in a violation, and adapting potential penalties to something realistic, it should always send up a red flag if the guy attempts to influence your plea, particularly by advertising his good-heartedness. There is some reason he don't want you to call additional attention to where he was and what he was doing. Look for any funny business included with entries on the citation....wrong location or time, for instance. If everything is in order, he possibly is a humanistic sort of fellow.

Yeah, it made me wonder...

poppakeith said:

While there are good cops, weighing the circumstances and persons involved in a violation, and adapting potential penalties to something realistic, it should always send up a red flag if the guy attempts to influence your plea, particularly by advertising his good-heartedness. There is some reason he don't want you to call additional attention to where he was and what he was doing. Look for any funny business included with entries on the citation....wrong location or time, for instance. If everything is in order, he possibly is a humanistic sort of fellow.

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I wondered why he did the little dramatic reduction bit. My wife said to me that she didn’t think I was going 61 as the officer claimed. Perhaps he mentioned an inflated speed and then went through the song and dance to prevent me from asking for a trial, this way he can write the ticket for what I was going and I wouldn’t contest it.

Honestly this explanation seems a bit far fetched to me....but still possible. Ohh yes and as far as I can tell, everything is in order on the ticket. But in PA I believe that the radar equipment must adhear to strict testing and use guidlines. Perhaps something is out of order there? On the ticket it looks fine, but if he is slick enough to mess around in the first place, he'd be sure it looked okay on the citation...

As for my defense, I just want to plea bargain, not fight the ticket in trial. I am just hoping for an opportunity to speak with the magistrate, or prosecutor if there is one, and mention that I have never even been pulled over in PA previously, do not make a habit of speeding, thought the speed limit was higher (it used to be on this road) and that I am willing to take any defensive driving courses. I was imagining, perhaps falsely, that if I made it clear that I was petulant and just trying to avoid a moving violation, not dodge the fines, perhaps they would bless me with a high-fine non-moving.

But my question stands: Can the magistrate increase my charges beyond what I was cited for? And I suppose I have additional questions, such as: Who is the prosecutor in this situation? Will there be any opportunity to talk to someone when I enter my plea? Or must I wait for the magisterial hearing? What is the hearing’s purpose and what can the outcomes of the hearing be?

One more note on defense. If I need to have some sort of reason for pleading “not guilty”, so that my plea is at least somewhat plausible, I can mention that I am absolutely sure that my speedometer is off, I am sure of it. It is only 3 mph, but I cannot get dealer to fix it. I really don’t think I should even try mentioning it, but if, for some odd reason, I should, pleas let me know.

Again the main question I have is: Can the magistrate increase my charges beyond what I was cited for?

And my THANKS!

And thank-you for taking the time to reply at all! I appreciate the input!

You may get to talk to either officer or DA before going to trial, and that's where you do the plea bargain, not when you are in front of a judge (even magistrate one). The magistrate judge will most likely not even look at the numbers you mentioned, but hear your story and determine if you are guilty or not of the violation charged. So, if you just ask him for a reduction, it's likely not going to work.

sukharev said:

You may get to talk to either officer or DA before going to trial, and that's where you do the plea bargain, not when you are in front of a judge (even magistrate one). The magistrate judge will most likely not even look at the numbers you mentioned, but hear your story and determine if you are guilty or not of the violation charged. So, if you just ask him for a reduction, it's likely not going to work.

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Thank-you sukharev. I need to speek to the prosecutor about a plea, correct? Do you have any idea about who, in PA (in ELK county Pennsylvania actually), the prosecutor will be? Is there a DA? Or will it be the officer? This question is important becasue the officer has already made it clear to me that he doesn't want me to contest. Thanks again for the help!

LoopyTony said:

Thank-you sukharev. I need to speek to the prosecutor about a plea, correct? Do you have any idea about who, in PA (in ELK county Pennsylvania actually), the prosecutor will be? Is there a DA? Or will it be the officer? This question is important becasue the officer has already made it clear to me that he doesn't want me to contest. Thanks again for the help!

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The best way for you to find out is just go to court today or any time before trial, and see how the process works. Every court is different. As to the officer, he probably would not mind coming out and being paid overtime Also, at this point he would probably not even remember you. And, the charge is on the ticket already, so that's what you are contesting. Bottom line, it's unlikely you will loose anything by contesting.

It seems no one has the answer!

I don't mean to seem overly pushy, but can anyone answer the question posed in the title of this post? Can a magisterial judge increase my charges beyond those that I was cited for?

Another question unanswered: Who will the prosecutor be if I plea 'not guilty' and attend a hearing (is there a DA or will it be the officer who issued the citation?)? I am in Elk County Pennsylvania.

Thank-you for any help you can offer.

In PA, I have never seen the DA get involved in the initial hearing. You generally will have an opportunity to speak to the officer before the hearing but not the magistrate. So the way it is in PA, the officer is the prosecution witness and the magistrate plays DA and judge although I have never heard the magistrate ask questions at any hearing I have attended. Of course I have never testified at a hearing, only requested dismissal after the officer said his piece (or negotiated with the officer before the hearing).

I am not sure how the magistrate could increase the charges since it would not be just a simple matter of amending the ticket to correct a mistake. When I did negotiate and the charges reduced, a new ticket had to be written up and the magistrate asked if I agreed to the change (that was in Clarion county).

You might be best off contacting a local attorney since they don't usually charge for the initial interview.

In any case, good luck.

LoopyTony said:

I don't mean to seem overly pushy, but can anyone answer the question posed in the title of this post? Can a magisterial judge increase my charges beyond those that I was cited for?

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A: Yes, after the prosecution makes such request.

LoopyTony said:

Another question unanswered: Who will the prosecutor be if I plea 'not guilty' and attend a hearing (is there a DA or will it be the officer who issued the citation?)? I am in Elk County Pennsylvania.

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It's a bit confusing, but the way I read the procedures in PA officer can in fact act as prosecutor at magistrate hearing. The judge, in proper trial, should not. But this is not a proper trial. So, the judge can act alone, without even having officer present, and be prosecutor as well. Either way, you have a tough fight.

However, without the officer you may be able to question the evidense. With the officer there, it sounds like you would be better off just trying to negotiate for non-moving violation.