No Judge / No continuance on court date

[nagel221]

What is the name of your state? PA - I recently received a fine for speeding. When I went to court to fight the citation, the officer was in attendance, however no judge magistrate showed up and I was not informed of this ahead of time. By phone, the judge gave the officer authority to offer a reduced fine, which the officer did. I have good reason and sufficient evidence to share with the court and, therefore, declined the offer and requested to be heard by another judge or magistrate - none were available and will not be for the rest of the month. Regardless, now I am being requested to return to court at an alternate date, for which I will miss ANOTHER day of work. To make the originally scheduled court date, I had to cancel a business trip and miss a day of work - Do I have to lose another day of income in order to get my day in court? Is this a tactic to try to get me to just plead guilty and pay the fine? Shouldn't the court dismiss the case?

 

[JETX]

Do I have to lose another day of income in order to get my day in court?

No, you do not. You can simply pay the fine.
HOWEVER, if you want to challenge the citation, then yes, you will have to appear in court.

Is this a tactic to try to get me to just plead guilty and pay the fine?

Of course it is!!! Your fine is so huge that they felt it was worth missing all the other cases (and fines) that day..... just to screw with you and hope you will cave in and pay!!!
How unfair of them.....

Shouldn't the court dismiss the case?

Depends. What is your defense to the citation??

 

[nagel221]

Paying the fine would be the same cost as another day of work.

I really don't appreciate your sarcasm - save it for someone else. But, so you know, I was the only case for the entire day, so I am guessing one case just wasn't worth their time. However, since they did not file a continuance, as I would have had to, it is unjust.

 

[JETX]

I really don't appreciate your sarcasm...

And I don't appreciate your stupid question. Do you really think that because the judge was 'absent' (for whatever reason), that you would get a free pass???
Of course not. Judges are human... and have the same problems that you and I do..... sometimes causing them to miss 'obligations'.

save it for someone else.

Nawwww. Your post indicates that you 'deserve' it.

But, so you know, I was the only case for the entire day, so I am guessing one case just wasn't worth their time.

Oh, so now you are a able to 'foretell' other peoples intents.

However, since they did not file a continuance, as I would have had to, it is unjust.

How is it 'unjust'?? You might think it 'unfair'.... but it is NOT unjust.

 

[nagel221]

So, why, in your grand wisdom, is it that a judge need not file a continuance as I am required to do?
Please tell me what would happen if I just did not show up. Could I call up at a later date and say "hey, I couldn't make it today, let's re-schedule."

 

[JETX]

So, why, in your grand wisdom, is it that a judge need not file a continuance as I am required to do?

Because the court is NOT a party to this prosecution. The court is just a 'trier of the fact'.... and hears the presentation of both parties.

Please tell me what would happen if I just did not show up.

If you, a PARTY to the matter, don't show up, the other party can present their case without you.... and, since you have CHOSEN to not be there to present your defense, they win.

Could I call up at a later date and say "hey, I couldn't make it today, let's re-schedule."

You can certainly file a motion with the court and ask for the court to hear your reason for not showing. If they find it reasonable, the court can re-hear the matter.

 

[nagel221]

Thanks

That makes sense, I have typically viewed the courts as part of the prosecution as that is usually how it goes in reality, which, I guess, skewed my thought process. I appreciate your candor.