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straight to trial

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yamaha

Junior Member
i dint not come here claiming innocence. lawyers defend guilty people every day correct. some are concerned with my driving, the cop that gave me the ticket drove faster than i did and it wasnt to respond to an emergancy and he was not in persuit or he would have pulled me over right away. he and the court made a honest mistake with the court date? i made a mistake speeding why are they not acountable for their mistakes?
 


Ohiogal

Queen Bee
i dint not come here claiming innocence. lawyers defend guilty people every day correct. some are concerned with my driving, the cop that gave me the ticket drove faster than i did and it wasnt to respond to an emergancy and he was not in persuit or he would have pulled me over right away. he and the court made a honest mistake with the court date? i made a mistake speeding why are they not acountable for their mistakes?
Wrong. Lawyers defend people's rights every day. WE don't defend the guilt. There is a difference. When I do my job, it is to make sure that someone's constitutional rights/due process rights/other rights protected by law are not trampled or infringed upon.
 

justalayman

Senior Member
,
the cop that gave me the ticket drove faster than i did and it wasnt to respond to an emergancy
In this case, he was speeding to apprehend a person that was breaking the law (you). There are provisions in the law that allow for that. If there wasn't, I guess it would be as simple as a speeder could escape simply by continuing to speed with the cop being required to not speed. That's not making a lot of sense to me.


and he was not in persuit or he would have pulled me over right away.
maybe you have a different definition of pursuit than I do. Let's check a dictionary:



pur·suit
pərˈso͞ot/Submit
noun
1.
the action of following or pursuing someone or something.
Sure looks like that defines exactly what he was doing both before he caught up to you and even the period before he actually lit you up to demand you pull over.

he and the court made a honest mistake with the court date? i made a mistake speeding why are they not acountable for their mistakes?
but it appears your remedy is that you be forgiven your ticket in exchange for their mistake. They don't wish to agree to that so move to some other remedy.


well i am a journeyman mason,
well, that explains a lot. Journeymen masons tend to be very arrogant (yes, I've worked with many of them so yes, I am quite aware of what is typical in their attitudes)

very mechanicaly inclined
,and? how does this affect your ticket? btw; so am I.

i do electrical work,
as do I but still wondering what this has to do with your ticket.

and im sure i could survive in the outdoors as long as any of you.
and that makes a difference to anything why?

im good with my hands maybe you would like to meet sometime and i could show you?
is that a veiled threat or a euphemistic statement meant for the ladies?

maybe you might need some advice someday about something on your car and i could tell you how dumb you are for not understanding the works of a modern combustion engine or transmission
Oh, I can assure you this would not be the case.


but none of that makes any difference to the fact you got a ticket...


what is your reason for posting here? It seems to have been lost in your claims to being a demigod.
 

FlyingRon

Senior Member
He posted hear because he wanted us to tell him that since his arraignment was cancelled that he had a 'get out of jail free' card for having the citation wiped out.
 

quincy

Senior Member
Most attorneys will advise that you plead "not guilty" at an arraignment anyway. The time between the arraignment and the subsequent hearing is time best spent working on a defense (if you intend to fight the ticket, the charge) or hiring an attorney to help you with a defense or advise you on possible plea agreements.

Although I see no defense that will work for yamaha if he wants out of his deserved ticket, he should probably speak with an attorney in his area.
 

yamaha

Junior Member
Wrong. Lawyers defend people's rights every day. WE don't defend the guilt. There is a difference. When I do my job, it is to make sure that someone's constitutional rights/due process rights/other rights protected by law are not trampled or infringed upon.
thats why i posted here in the first place, to make sure my rights hadent been trampled on. i asked some simple straight questions i believe but was attacked for my lack of knowledge on some legal aspects, why i was here, and on my typing and english skills. this is less than admirable from such educated people in my opinion. its all here begining to end. i only answered the questions asked to me.
 

Just Blue

Senior Member
thats why i posted here in the first place, to make sure my rights hadent been trampled on. i asked some simple straight questions i believe but was attacked for my lack of knowledge on some legal aspects, why i was here, and on my typing and english skills. this is less than admirable from such educated people in my opinion. its all here begining to end. i only answered the questions asked to me.
Punctuation is your friend. :)
 

proud_parent

Senior Member
and the court made a honest mistake with the court date? i made a mistake speeding why are they not acountable for their mistakes?
You've admitted on this thread that you did deliberately, and with full knowledge of the speed limit, exceed the speed limit.

Did the court employee deliberately and with full knowledge that court would be closed on X date, record that as your date to appear?
 
i asked some simple straight questions i believe but was attacked for my lack of knowledge on some legal aspects, why i was here, and on my typing and english skills.
That's a common trend on this forum. It's difficult for anyone here to get legal advice without also getting a decent share of moral judgments along with it. In fact, sometimes all you're going to get are the moral judgments.

As I stated in my earlier post, I don't believe that the lack of a formal arraignment proceeding will allow you to have the ticket dismissed outright. However, that would have been the best time to arrange for a plea agreement with the court to get traffic school and a possible reduction in your fine.

If you still want to try to arrange a plea deal, you can try explaining to the judge on your court date that you weren't allowed a formal arraignment proceeding and that you would like to talk about the possibility of a plea deal before trial. My guess is that if he knows that you weren't offered a proper arraignment, he'll be open to it.
 

justalayman

Senior Member
I know in the court in my area it works like this:

you stand in front of the judge. The charges are read. You are asked for a plea. You are asked if you want to plead guilty, not guilty, or not guilty and would like to speak with the prosecutor to discuss your options. At this point, those that wish to attempt to plea bargain are sent to the side and speak with the prosecutor.


so, the op is 5 minutes ahead of schedule since his plea of not guilty is already entered. If they use a prosecutor in his area, I would suggest a call to the prosecutor's office before going back to court.

If they don't, then he will get to stand before the court and while there would likely be no need ask him for his plea, I would bet the court is going to ask him anyway since his comment to the court clerk is not an official plea to the courts.



of course he could have simply told the clerk he does not wish to enter a plea since he is not before the court. Of course that would mean he also would have had to take some additional action to have his date rescheduled and still may have had no opportunity to do anything other than enter a plea.


OP is making way too much about this situation.
 

yamaha

Junior Member
i would like to thank the last couple posters, its all i was looking for from the start. was it so hard for everyone else? i did inform the clerk that i did not want to enter my plea with her and she said she was just going to enter it as not guilty for me anyway and set up a trial. this was the point in time i felt something was not right but was given no other option other than pay on the spot. as has been pointed out to me now i need to talk with the p.a. again thank you for the simple answer i came here to find and i will leave it at that and not say what i think of everyone else that put their $.02 worth in. it sure took a long time
 

quincy

Senior Member
i would like to thank the last couple posters, its all i was looking for from the start. was it so hard for everyone else? i did inform the clerk that i did not want to enter my plea with her and she said she was just going to enter it as not guilty for me anyway and set up a trial. this was the point in time i felt something was not right but was given no other option other than pay on the spot. as has been pointed out to me now i need to talk with the p.a. again thank you for the simple answer i came here to find and i will leave it at that and not say what i think of everyone else that put their $.02 worth in. it sure took a long time
One final bit of advice, yamaha:

How you present yourself, in writing as you have here and in court when you are before the judge, really matters. It is how people "judge" you.

If you are not going to be speaking with an attorney prior to your hearing, this is part of what he would have advised: Dress nicely (no blue jeans, low-hanging pants, teeshirts, baseball caps, untucked shirts), do not smell like smoke or heavy cologne, and do not take your cell phone into court. Be polite (say "Yes, your Honor," "No, your Honor") and be contrite (do not excuse your speeding with some of the examples you have provided us here - the judge will not be amused).

When you are looking for favors (for example, the favor of free advice here, and the favor of a possible reduction in the charge or fine in court), you need to lose any attitude. The judge can use some discretion when deciding your "fate," and you do not want to piss him off.
 

FlyingRon

Senior Member
One final bit of advice, yamaha:

How you present yourself, in writing as you have here and in court when you are before the judge, really matters. It is how people "judge" you.
At the podium in the Juvenile court my daughter had to go to for her reckless driving charge there's a sign (visible only to the speaker that says):
NO GUM, HANDS OUT OF POCKETS.
 

Ohiogal

Queen Bee
At the podium in the Juvenile court my daughter had to go to for her reckless driving charge there's a sign (visible only to the speaker that says):
NO GUM, HANDS OUT OF POCKETS.
In Juvenile Court at a recent hearing, I had a teenager sitting next to me. She first sat there texting until the judge told her to put it away. She then took her makeup out of her purse and started applying it sitting at the defendant's table in the courtroom -- again until the judge yelled at her that we weren't in the bathroom NOR a cosmetology class. Thankfully, she wasn't MY client. Needless to say, the judge was NOT impressed with this child -- and her word wasn't going to amount to much for credibility.
 

justalayman

Senior Member
At the podium in the Juvenile court my daughter had to go to for her reckless driving charge there's a sign (visible only to the speaker that says):
NO GUM, HANDS OUT OF POCKETS.
While i don't care a lot for judge Judy, I would suggest defendants watch a few of her shows. Of all things she is a stickler about, courtroom decorum is one of them. If you see JJ dress one down for some dress or mannerism issue, any defendant would be wise to take that as a lesson on how to act in a courtroom.
 

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