Allowed to act like defense attorney for relative's ticket?

[Big_Pete]

What is the name of your state (only U.S. law)? MD

I contested speeding tickets a couple times especially in VA (one of the 10 most notorious states in the US to give out speeding tix) and managed to beat one. My dad recently got one in VA. Even if he's my dad, do I have to be certified or formally trained to cross-examine, speak, ask questions for him in traffic court when I choose to attend trial with him?

 

[racer72]

Even if he's my dad, do I have to be certified or formally trained to cross-examine, speak, ask questions for him in traffic court when I choose to attend trial with him?

This is a almost perfect definition of practicing law without a license.

 

[patstew]

Even if he's my dad, do I have to be certified or formally trained to cross-examine, speak, ask questions for him in traffic court when I choose to attend trial with him?

Is there a language barrier, or some condition that would prevent him adequately defending himself? 'Cause if there's not, he's obviously an adult and should do it himself. If there is a problem, you should call the court and discuss it with them.

 

[cyjeff]

In most courts, you will not even be ALLOWED to speak unless you are one of the parties, that party's attorney, a witness or an interpreter.

Notice that "son" wasn't listed.

 

[Big_Pete]

Is there a language barrier, or some condition that would prevent him adequately defending himself? 'Cause if there's not, he's obviously an adult and should do it himself. If there is a problem, you should call the court and discuss it with them.

That's exactly the hurdle. He can speak English, but not well enough that you can completely understand what he's talking about. Thought I'd be there to clarify things just in case. They should allow me to at least do that. Right?

 

[patstew]

That's exactly the hurdle. He can speak English, but not well enough that you can completely understand what he's talking about. Thought I'd be there to clarify things just in case. They should allow me to at least do that. Right?

I repeat: CALL THE COURT.

 

[Zigner]

That's exactly the hurdle. He can speak English, but not well enough that you can completely understand what he's talking about. Thought I'd be there to clarify things just in case. They should allow me to at least do that. Right?

No - if you are there, you would be there as an INTERPRETER only. You cannot "clarify" - you can only repeat what the person actually says.

And, as was mentioned, you need to ask the court if you would even be allowed to interpret. You may be required to use a court appointed interpreter.

 

[xylene]

Unless you are a qualified, court approved interpreter, you cannot assist your dad.

The best advice would be to hire your dad a competent attorney, ideally who has language skills in your dad's tongue. And an interpreter.

 

[cyjeff]

Just to clarify...

We have moved from "acting like a defense attorney for relative's ticket" to "clarifying his language".... which hasn't yet been stated isn't English.

All the OP said was that dad has a problem making himself understood. I saw no reference to another language.

 

[Zigner]

Just to clarify...

We have moved from "acting like a defense attorney for relative's ticket" to "clarifying his language".... which hasn't yet been stated isn't English.

All the OP said was that dad has a problem making himself understood. I saw no reference to another language.

Op said: He can speak English, but not well enough that you can completely understand what he's talking about.

That was in response to the question of a "language barrier". The phrase "language barrier" refers to the difficulties encountered when people do not speak the same language.

 

[FlyingRon]

Th court will designate a translator. Unless the language is something truly bizarre they probably can scare one up even during the same court session. If it is something unusual, I have seen the judge allow a friend/relation to translate, but only on minor stuff and only with strict instruction as to the translator's role.