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A motion to what...

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LostinLaw

Junior Member
I'm in Texas and recently took advantage of "amnesty week" in regards to traffic tickets and such. I opted to challenge a few of the charges and recently received a notice from the municipal court stating," Complaints in the above entitled and numbered causes have been filed in the court against subjected defendant."
It then goes on to tell me I have 7 days before the pretrial hearing to file motions, pleadings and exceptions. Now, my questions are, one: can I file a motion on my own behalf w/o a lawyer, and two: what type of motion should I be filling? Should I file anything? I'm lost here.
 


ceara19

Senior Member
LostinLaw said:
I'm in Texas and recently took advantage of "amnesty week" in regards to traffic tickets and such. I opted to challenge a few of the charges and recently received a notice from the municipal court stating," Complaints in the above entitled and numbered causes have been filed in the court against subjected defendant."
It then goes on to tell me I have 7 days before the pretrial hearing to file motions, pleadings and exceptions. Now, my questions are, one: can I file a motion on my own behalf w/o a lawyer, and two: what type of motion should I be filling? Should I file anything? I'm lost here.
Did you even consider the fact that you have no idea as to what you were doing BEFORE you decided to challenge the tickets? Nobody is going to walk you through the entire legal process. Even if you could find someone that will, how would you know if they were telling you the CORRECT steps to take? You really should get a consultation with an attorney in your area.
 

LostinLaw

Junior Member
Thank you for the brow beating Ceara, that did not help me at all. I'm aware I don't know what I may have gotten my self into in regards to these tickets, and that's the reasson for the post. I honestly need some advice.
 

ceara19

Senior Member
LostinLaw said:
Thank you for the brow beating Ceara, that did not help me at all. I'm aware I don't know what I may have gotten my self into in regards to these tickets, and that's the reasson for the post. I honestly need some advice.
I wasn't trying to brow beat you. I was only pointing out that you really should have thought this through BEFORE taking action. No one will here can walk you through the entire legal process in order for you to effectively represent yourself. You REALLY need an attorney to handle it for you. When it's all said and done, you may be out more money for the lawyer then you would have if you had just paid the tickets.
 

LostinLaw

Junior Member
Good point. Now, is this something that can be handled w/o an attorney? Bottom line is, I can't afford to hire an attorney. What happens if there are no motions filed and I walk in there unarmed? Am I looking at a beating by the judge and some outrages fines, or will I be looked at like." you silly mortal" and sent on my way? I just want to have an Idea of what to expect.


I am coming to realize I may be in over my head.
 

ceara19

Senior Member
LostinLaw said:
Good point. Now, is this something that can be handled w/o an attorney? Bottom line is, I can't afford to hire an attorney. What happens if there are no motions filed and I walk in there unarmed? Am I looking at a beating by the judge and some outrages fines, or will I be looked at like." you silly mortal" and sent on my way? I just want to have an Idea of what to expect.


I am coming to realize I may be in over my head.
You can certainly try to represent yourself. I doubt that the judge would penalize you with some outrageous fine. If you are found guilty, you'll be ordered to pay whatever the fine would normally be plus court costs.

Why did you decide to contest the tickets in the first place?
 

LostinLaw

Junior Member
The clerk that took my payments said I could contest them and possibly get the money back. So, naturally all I heard was, "money back".I thought all it would be was, prove you didn't deserv the ticket and you get your money back. Aperently, that view has turned out to bo totally idealistic. I did actually recieved a refund for one
due to the officer no longer being w the force.
 

ceara19

Senior Member
LostinLaw said:
The clerk that took my payments said I could contest them and possibly get the money back. So, naturally all I heard was, "money back".I thought all it would be was, prove you didn't deserv the ticket and you get your money back. Aperently, that view has turned out to bo totally idealistic. I did actually recieved a refund for one
due to the officer no longer being w the force.
What evidence do you have proving that you didn't deserve the tickets?
 

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